Drones and Data

Freedom of information request reference no: 01.FOI.23.031747

I note you seek access to the following information:

Do you have a digital forensics unit?
Do you deal with drone data?
How often do you use data from drones?
Specifically what type of data do you normally use from drones?
What softwares do you use in relation to the extraction and analysis of drone data?
What open-source tools for drone data analysis and extraction do you use?

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

• Section 31(1)(a)(b) – Law Enforcement.

Reason for decision

• Section 31(1)(a)(b) – Law Enforcement - A Freedom of Information Act request is not a private transaction. Both the request itself and any information disclosed, are considered suitable for open publication. This is because under the Act, any information disclosed is released into the wider public domain, effectively to the world, not just to an individual.

Whilst not questioning the motives of the applicant, providing any further information relating to specific tools or technologies utilised for drone forensics would reveal our digital forensic capability more broadly, which would be of intelligence value to criminals.

Disclosure of policing tactics and the tools at the police’s disposal will mean that those members of the public who are committing crimes and pose a risk to the public, would be able to formulate ways to circumvent the tactics and tools used. If disclosed the tactics will become less effective and will mean that the police are not able to detect and prevent crime, apprehend or prosecute offenders or to administer justice for the wider community.

There is always a duty of care to the general public and the Police Service has a clear responsibility to ensure the prevention or detection of crime, and the apprehension or prosecution of offenders is always delivered. There are a number of tactics available to the Police Service to ensure the effective delivery of operational law enforcement. In this case, such policing activity is required to undertake fair investigations where it may be necessary to progress a range of reasonable lines of enquiry. An example of this maybe where accounts are provided to the police by victims, suspects and witnesses. But by the nature of requirements, a forensic strategy and data extraction may well be required for further evidential purposes.

As such, the disclosure of any further information which would hinder the forces law enforcement functions cannot be in the public interest.

Disclosure that reveals our digital forensic capabilities would compromise law enforcement tactics. Criminals could use the information to target areas of weakness knowing that their activities are less likely to be detected. It may be used by criminals who are intent on pursuing their criminal activity, to identify and exploit the limitations of these resources.

This is an area of increasing technological changes and as such the use of drone data to assist with investigations or operations is a valuable tool. To release information relating to tools or technologies utilised for drone forensics would have a detrimental effect on our policing capabilities. Therefore, to mitigate any risks, disclosure of this information needs to be protected, to ensure that those with intent to do so cannot manipulate it or undermine its purpose in any way.

Any disclosure of information which would compromise law enforcement tactics and thus lead to more crime being committed by reducing the opportunity for the prevention and detection of crime, would therefore increase the risk to public safety, which is not in the public interest.

Law enforcement is of paramount importance and the Police service will not disclose information if to do so, it would undermine its purpose and place the safety of individual(s) at risk. Whilst there is a public interest in the transparency of using public money in policing appropriately and effectively engaging with the threat posed by criminals, there is a very strong public interest in safeguarding the integrity of police investigations and operations in this area.

As much as there is public interest in knowing that policing activity is appropriate and balanced in matters of law enforcement, this will only be overridden in exceptional circumstances. The use of digital forensic tools, whether for the extraction of drone data, or any other aspect of policing within the digital environment, is a police tactic that is open to police forces for the purpose of law enforcement and can assist in the prevention and detection of crime. Any disclosure which hinders our capability and assists criminals cannot be in the public interest.

It is for these reasons that I have determined that the balance test favours non-disclosure of the requested information.

Therefore, some of this information, namely the answer to questions 5 and 6, has been withheld.

Disclosure

Q1- Do you have a digital forensics unit?

Yes

Q2 - Do you deal with drone data?

Yes

Q3 - How often do you use data from drones?

In 2022 we dealt with 12 submissions, as of 31 July 2023 we have dealt with 2

Q4 - Specifically what type of data do you normally use from drones?

Each drone as with most digital devices that are examined will be analysed based on the individual case (points to prove) and what can be held on the device (data). However the majority of submissions are looking for flight record data.