Oxevision and Oxehealth Technology use by MPS
Freedom of information request reference no: 01.FOI.24.037078
I note you seek access to the following information:
Have you used, or do you have plans to use, Oxevision or any other Oxehealth technology?
If so, I would like to request copies of the following documents relating to its use or procurement:
- 1. Data Protection Impact Assessments,
- Equality Impact Assessments (or other records that demonstrate compliance with the equality duty),
- policies about its use (e.g. standard operating procedure, acceptable use policy),
- materials aimed at those subject to data processing as part of the use of Oxehealth technology to provide them with information about that data processing (e.g. posters).
I would also like to request copies of any documents you hold relating to any trials/studies of Oxehealth technology that you were involved with, including the planning and funding of them. I understand there was an evaluation of the Oxecam software in 2015 or 2016 at the Wood Green Custody Centre that was funded by the Metropolitan Police Service. (For the avoidance of doubt, I am requesting documents relating to any trials, not just that one.)
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 43(2) - Commercial Interests
Reason for decision
Section 43(2) – Commercial Interests - allows public authorities to withhold information if it is likely to or would prejudice the commercial interests of the public authority. A commercial interest relates to a public authorities ability to participate competitively in a commercial activity.
Negotiating position - The information requested has been used as part of commercial competition and discussions, making this data commercially sensitive. To release all of the requested information into the public domain would prejudice and thus damage the MPS’ bargaining and negotiating power with suppliers in relation to future competition for this contract. The ICO states that ‘revealing information such as a pricing mechanism can be detrimental to your negotiations on other contracts and procurements’. It is therefore relevant to consider that if an individual or organisation knows the funding amount the MPS pay for an item or service and specifics of that technology they could use this pricing and specifics to their advantage.
In addition to this, the release of the requested information could harm relationships with existing suppliers. The National Police Chiefs Council argues that ‘companies compete by offering something different from their rivals. The difference will often be reflected in their price and may also relate to the quality or specification of the product or service they offer’. The release of all of the request information would indeed supply some of the specifics of the service offered and provide an advantage to one company over another.
It is worth noting that information that is made available under the Freedom of Information Act 2000 is published by the MPS via the publication scheme, making it readily available to the public, and not just the individual making the request. This is significant, as even if there is a public interest that would be satisfied by the release of all of the requested information this must be balanced against any identified risk. I have identified that the release of all of the requested data would illuminate two areas, firstly it provides a better understanding of the decision making process and secondly, it provides a better understanding of how public funds are spent. These are two important factors favouring disclosure.
Conversely, I have found that the release of the requested information would damage the MPS’ negotiating power with suppliers in future. One of the strong public interest arguments against disclosure is to ensure a competitive process with no commercial bias. Ultimately, the MPS would not want to provide infomartion that would have a negative impact upon the MPS’s ability to achieve best value in future procurement processes in this area. I find this to be the significant factor in refusing to disclose these parts of your request.
Disclosure
Q1a - Have you used, or do you have plans to use, Oxevision or any other Oxehealth technology?
Yes, there is a pilot project using Oxevision, in one custody suite.
Q1b - If so, I would like to request copies of the following documents relating to its use or procurement:
1. Data Protection Impact Assessments,
This has been withheld, under Section 43(2) - Commercial Interests
Q2 - If so, I would like to request copies of the following documents relating to its use or procurement:
2. Equality Impact Assessments (or other records that demonstrate compliance with the equality duty),
This will be considered at implementation phase, and therefore there are no Equality Impact Assessments (or other records that demonstrate compliance with the equality duty, at this stage.
Q3 - If so, I would like to request copies of the following documents relating to its use or procurement:
3. policies about its use (e.g. standard operating procedure, acceptable use policy),
This has been withheld, under Section 43(2) - Commercial Interests
Q4 - Materials aimed at those subject to data processing as part of the use of Oxehealth technology to provide them with information about that data processing (e.g. posters).
There are no materials at this stage, as this is a pilot project using Oxevision. However, all suites have CCTV surveillance for safety. There are posters in suites advising of CCTV recording in all areas.
Q5 - I would also like to request copies of any documents you hold relating to any trials/studies of Oxehealth technology that you were involved with, including the planning and funding of them. I understand there was an evaluation of the Oxecam software in 2015 or 2016 at the Wood Green Custody Centre that was funded by the Metropolitan Police Service. (For the avoidance of doubt, I am requesting documents relating to any trials, not just that one.)
Documents relating to any trials/studies of Oxehealth technology has been withheld, under Section 43(2) - Commercial Interests. Please note the project is in the pilot phase, once this is complete the MPS will review the project report. The system is being considered as part of new technology to reduce risk and increase safety in Police Custody Suites.