FOI 2022-609-Drones
You wrote:
- If you are using drones for surveillance purposes, on which legal basis do you rely for the collection and storage of data collected by drones?
- Please provide us with information regarding what payloads could be fitted onto the drones, such as the type of cameras, sensors or other tools that you have previously fitted onto the drones.
- Please confirm if any of the drones have been combined with facial recognition technology?
- Please provide us with the following:
- a) any guidance and/or policy you are relying on for the the deployment of drones
- b) Data Protection Impact Assessment (DPIA) in relation to the use of drones if one has been completed.
- Please confirm which private companies you have used for the procurement of drones.
Response:
Please see below our response in respect of any overt use of drones.
- If you are using drones for surveillance purposes, on which legal basis do you rely for the collection and storage of data collected by drones?
With regards to overt surveillance, for example the monitoring of protests via drones this will be in line with the requirements of the Surveillance Camera Commissioner and the Surveillance Camera Code of Practice.
These codes apply to the use of surveillance camera systems as defined by Section 29(6) of PoFA 2012 that operate in public places in England and Wales, regardless of whether there is any live viewing or recording of images or information or associated data.
Protection of Freedoms Act 2012 (legislation.gov.uk)
- Please provide us with information regarding what payloads could be fitted onto the drones, such as the type of cameras, sensors or other tools that you have previously fitted onto the drones.
At the time of writing Wiltshire Police operate DJI drones. The majority of models come with the manufacture standard specification camera installed.
We also operate DJI platforms that have interchangeable attachments including speakers, spotlights and beacons. All of which are standard DJI products.
- Please confirm if any of the drones have been combined with facial recognition technology?
No.
- Please provide us with the following:
- a) any guidance and/or policy you are relying on for the the deployment of drones
Force Guidance on Use of Drones
The use of an UAS by Wiltshire Police will be in both a direct and indirect life-saving capacity to meet the needs of our communities or support incident commanders across a variety of situations. UAS possess the ability to enhance situational awareness, identify and assess scenes and locations remotely therefore improving police officer safety, whilst reducing risks to the public and other emergency responders. This will enhance the Force’s ability to deliver its duty of care to the public and safety of blue light responders, through timely management of incidents, and more efficient use of resources.
Types of UAS Operations are broken into two main categories:
- Pre-Planned Incidents / Operations
- Spontaneous Incidents / Operations
There are three further sub-categories that can be added to both categories as required:
- Day Operations Type
- Night Operations
Emergency Incident Response(s):
Emergency Incidents identified for potential UAS deployment include (not limited to):
- Mass Casualty incidents
- CBRN incidents/Hazardous Materials incidents
- Working at height
- Water rescue and large-scale flooding
- Missing Person Searches
- Difficult access / remote location
- Search and Rescue
- Public Safety Events
- Protest/Large Public Gatherings/Sporting Events
- Crime in Progress Incidents
- Overt Intelligence Gathering
- Road Traffic Collisions
- Firearms Incidents
- Terrorist incidents
- Large multi-agency incidents (JESIP Model)
- Training
- Crime Scene Imagery
- Reconnaissance
Non-Emergency Response:
In addition to operational incidents, emergency services also train on a regular basis to enhance incident resolution. UAS would also be exercised to ensure interoperability, currency of pilots and observers, and to identify operational challenges in the training environment thereby improving safety at operational UAS deployments.
Other Uses:
Wiltshire Police will be able to utilise the UAS capability within their organisation to benefit other departments, for example public awareness, estates provision and Training, where UAS can deliver a unique benefit to the Police Force delivery.
Examples of this are:
- Media team assignments
- Force Estates surveying
- Training Videos for Operational Learning
Authority to deploy drones sits with the FCC for spontaneous incidents; pilots are encouraged to pro – actively deploy to incidents where the use of a drone could be advantageous in preserving life or preventing/detecting crime. Pre-planned use of drones are requested directly to the Operations Manager, who then authorises and allocates to the relevant pilots.
Drone deployments will be intelligence led and proportionate for the evidence sought (ie; spending several hours searching an open area for a small amount of drugs dropped by a suspect might be considered disproportionate).
Deployments must be a proportionate response to Threat, Harm, Risk (ie; using drones in an urban area to combat a single vehicle theft reported in the previous month would not be proportionate). Both spontaneous and pre-planned deployments will always include a dynamic risk assessment and where possible a risk assessment will be completed considering such points as weather conditions, hazards on the ground and in the and so on.
It is imperative that as per the training, personal safety remains the paramount concern regarding any decisions made in relation to any drone deployment.
- b) Data Protection Impact Assessment (DPIA) in relation to the use of drones if one has been completed.
Please see attached redacted DPIA – This document has been redacted using the following exemptions:
Section 40 (2) Personal Information
Section 31 (1)(a)(b) Law Enforcement
Section 40 is an absolute class-based exemption and there is no requirement to conduct a harm or public interest test.
Section 31 is a prejudice based qualified exemptions and there is a requirement to articulate the harm that would be caused in confirming or denying that any other information is held as well as carrying out a public interest test.
Public Interest for Section 31
Overall Harm
The release of some of the information contained within the DPIA would reveal capabilities and give important information to criminals. The release of this information combined with detailed information readily available on the internet would allow criminals to identify the strengths and weaknesses within this area of policing and they would be able to use information in planning criminal acts. This would therefore both directly and indirectly impact on the prevention and detection of crime, the apprehension of criminals and increase the fear of crime in the community the police service seeks to serve.
Factors favouring disclosure
Disclosing this information in respect this request would allow the public to see where public funds are being spent as well as forming a better relationship with the public. Better public awareness may reduce crime or lead to more information from the public as they would be more observant in reporting suspicious activity. It will additionally show the transparency in which Wiltshire Police prides itself in.
Factors against disclosure
Disclosure of some of the information contained within the DPIA would mean that individuals could research details about this area of policing and their capabilities. To disclose the strengths and any possible weaknesses would compromise law enforcement tactics which could lead to more crime being committed and individuals being placed at risk. It may also be used by criminals/terrorists in combination with other information they have gathered to try and prejudice law enforcement.
Access to this information could be used by individuals or groups, who are intent on criminal activity, to identify and exploit the limitations of these resources, thus hindering the prevention and detection of crime and increasing the risk to public safety.
Balance test
While there is a strong public interest in how public money is being spent and how the Police service engages with its Law Enforcement role the force has a duty to deliver effective law enforcement and national security. Criminal elements could use this information to evade police, therefore directly undermining their law enforcement role.
The Police service will not divulge any information which could hinder the prevention and detection of crime and also adversely impact on the apprehension and prosecution of offenders.
The Service has a duty to protect the community it serves and needs to use exemptions appropriately to protect information if the release of that information would have an adverse impact on the community.
Although there is public interest in this aspect of policing, there is a greater public interest in ensuring that criminal activities are detected and prevented so ensuring the safety and well-being of the public. I am therefore satisfied that in respect of this request the public interest lies in not disclosing the information requested.
In relation to whether or not we use drones in a covert capacity, Wiltshire Police can neither confirm nor deny that it holds any further information relating to your request as the duty in S1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions:
Section 23(5) - Information supplied by, or concerning, certain security bodies
Section 24(2) - National Security
Section 31(3) - Law Enforcement
Section 23 is an absolute class-based exemption and there is no requirement to conduct a harm or public interest test.
Sections 24, and 31 are prejudice based qualified exemptions and there is a requirement to articulate the harm that would be caused in confirming or denying that any other information is held as well as carrying out a public interest test.
Evidence of Harm
As you will be aware, disclosure under FOIA is a release to the public at large. Whilst not questioning the motives of the applicant, confirming or denying that any other information is held regarding the use of drones for covert purposes, would show criminals what the capacity, tactical abilities and capabilities of the force are, allowing them to target specific areas of the UK to conduct their criminal/terrorist activities. Confirming or denying the specific circumstances in which the police service may or may not deploy drones, would lead to an increase of harm to covert investigations and compromise law enforcement. This would be to the detriment of providing an efficient policing service and a failure in providing a duty of care to all members of the public.
The threat from terrorism cannot be ignored, and it is well established that police forces use covert tactics and surveillance to gain intelligence in order to counteract criminal behaviour. As such, it has been previously documented in the media that many terrorist incidents have been thwarted due to intelligence gained by these means.
Confirming or denying that Wiltshire Police hold any other information in relation to covert use of drones, or unmanned aerial devices, would limit operational capabilities as criminals/terrorists would gain a greater understanding of the police forces’ methods and techniques, enabling them to take steps to counter them. It may also suggest the limitations of police capabilities in this area, which may further encourage criminal/terrorist activity by exposing potential vulnerabilities. This detrimental effect is increased if the request is made to several different law enforcement bodies. In addition to the local criminal fraternity now being better informed, those intent on organised crime throughout the UK, will be able to ‘map’ where the use of certain tactics are or are not deployed. This can be useful information to those committing crimes. It would have the likelihood of identifying location-specific operations which would ultimately compromise police tactics, operations and future prosecutions as criminals could counteract the measures used against them.
Any information identifying the focus of policing activity could be used to the advantage of terrorists or criminal organisations. Information that undermines the operational integrity of these activities will adversely affect public safety and have a negative impact on both national security and law enforcement.
Public Interest Test
Factors favouring Confirming or Denying for Section 24
Any further information, if held simply relates to national security and confirming or denying whether it is held would not actually harm it. The public are entitled to know what public funds are spent on and what security measures are in place, and by confirming or denying whether any other information regarding the covert use of drones is held, would lead to a better informed public.
Factors favouring Neither Confirming Nor Denying for Section 24
By confirming or denying whether any other information is held would render Security measures less effective. This would lead to the compromise of ongoing or future operations to protect the security or infra-structure of the UK and increase the risk of harm to the public.
Factors favouring Confirming or Denying for Section 31
Confirming or denying whether any other information is held regarding the covert use of drones would provide an insight into Wiltshire police. This would enable the public to have a better understanding of the effectiveness of the police and about how the police gather intelligence. It would greatly assist in the quality and accuracy of public debate, which could otherwise be steeped in rumour and speculation. Where public funds are being spent, there is a public interest in accountability and justifying the use of public money.
Some information is already in the public domain regarding the police use of this type of specialist equipment and confirming or denying whether any other information is held would ensure transparency and accountability and enable the public to see what tactics are deployed by the Police Service to detect crime.
Factors against Confirming or Denying for Section 31
Confirming or denying that any other information is held regarding the covert use of drones for maritime/border surveillance would have the effect of compromising law enforcement tactics and would also hinder any future investigations. In addition, confirming or denying methods used to gather intelligence for an investigation would prejudice that investigation and any possible future proceedings.
It has been recorded that FOIA releases are monitored by criminals and terrorists and so to confirm or deny any other information is held concerning specialist covert tactics would lead to law enforcement being undermined. The Police Service is reliant upon all manner of techniques during operations and the public release of any modus operandi employed, if held, would prejudice the ability of the Police Service to conduct similar investigations.
By confirming or denying whether any other information is held in relation to the use of drones would hinder the prevention or detection of crime. Wiltshire Police would not wish to reveal what tactics may or may not have been used to gain intelligence as this would clearly undermine the law enforcement and investigative process. This would impact on police resources and more crime and terrorist incidents would be committed, placing individuals at risk. It can be argued that there are significant risks associated with providing information, if held, in relation to any aspect of investigations or of any nation's security arrangements so confirming or denying that any information is held, may reveal the relative vulnerability of what we may be trying to protect.
Balance test
The security of the country is of paramount importance and Wiltshire Police will not divulge whether any information is or is not held regarding the use of drones if to do so would place the safety of an individual at risk, undermine National Security or compromise law enforcement.
Whilst there is a public interest in the transparency of policing operations and providing assurance that Wiltshire Police is appropriately and effectively engaging with the threat posed by various groups or individuals, there is a very strong public interest in safeguarding the integrity of police investigations and all areas of operations carried out by police forces throughout the UK.
As much as there is public interest in knowing that policing activity is appropriate and balanced this will only be overridden in exceptional circumstances. The use of drones in any covert capacity is a sensitive issue that would reveal police tactics and therefore it is our opinion that for these issues the balancing test for confirming or denying whether any information is held regarding the use of drones is not made out.
However, this should not be taken as necessarily indicating that any information that would meet any future request exists or does not exist.
Section 17 of the Freedom of Information Act 2000 requires the Constabulary, when refusing to provide information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies. In accordance with the Freedom of Information Act 2000 this letter acts as a Refusal Notice for those aspects of your request.
Exemptions applied:
Section 23(5) - Information supplied by, or concerning, certain security bodies
Section 24(2) - National Security
Section 31(3) - Law Enforcement
Section 31(1) - Law enforcement
I am satisfied that all the relevant information has been passed to me and been considered.