Drones (974A/22)
Request
- 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 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
We can confirm that some relevant information is held by West Midlands Police. However, while the majority of the information is attached to this email I am afraid that I am not required to release all of the information requested. Please find attached our response.
We are withholding that information since it is exempt by virtue of the following exemptions:
S40 (2): Personal Data
S31(1): Law Enforcement
These exemptions and explanatory notes are shown here:
In line with the above, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure for Section 31. Please find this PIT attached. (974A/ 22 attachment 5 PIT)
Section 40(2) is an absolute and class-based exemption if to release the information exists would breach the third party’s data protection rights. In this case to release this personal information would not constitute fair processing of the data. As this exemption is class based I am not required to identify the harm in disclosure and in this instance, I believe that the right to privacy outweighs any public interest in release
Q1: 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?
We interpret the term “surveillance” to be considered within the overt setting, i.e. the monitoring of protests via drones, which is acknowledged. In requesting information we believe 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.
This advice is in regard to overt use only, the partial NCND / Public Interest Test attached (see 974A/22 attachment 1), applying to any covert use of drones.
Q2: 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.
Under section 21 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you. The information you requested is available on the following website.
Police Drones | West Midlands Police (west-midlands.police.uk)
We can also confirm that the drones have the following capability:
Day/Night Camera, floodlight, loudspeaker.
Q3. Please confirm if any of the drones have been combined with facial recognition technology?
No
Q4. Please provide us with the following:
- a) any guidance and/or policy you are relying on for the deployment of drones
We adhere to:
Codes of practice on management of police information (MOPI) – this can be found on the following website:
Working together | College of Policing
Rationale on operational use of drones (974A_22 attachment 4)
- b) Data Protection Impact Assessment (DPIA) in relation to the use of drones if one has been completed.
Please see attached
974A/22 Attachment 2 (stage 1 DPIA)
974A/22 Attachment 3 (stage 2 DPIA)
Q5. Please confirm which private companies you have used for the procurement of drones.
COPTRZ, HELIGUY, IRED
In addition, we are not going to confirm / deny any information in relation to covert drone use.
This withheld information is exempt by virtue:
S23(5): Information supplied by, or relating to, bodies dealing with security matters
S31(3): Law Enforcement
S24(2): National Security
Section 23 is a class based absolute exemption and there is no requirement to consider the public interest in this case.
Confirming or denying the existence of whether any other information is held would contravene the constrictions laid out within Section 23 of the Freedom of Information Act 2000 in that this stipulates a generic bar on disclosure of any information applied by, or concerning, certain Security Bodies.
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.
Please find PIT (public interest test) attached. (974A/22 attachment 1)