Disclosure Details

CCDC - 1215/16

Dated: 25 Nov 2016

Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')

Thank you for your e mail dated 2 November 2016 in which you made a request for access to certain information which may be held by Northumbria Police. 

As you may be aware the purpose of the Act is to allow a general right of access to information held at the time of a request, by a Public Authority (including the Police), subject to certain limitations and exemptions. 

You asked: 

Please could you answer the following request.

1) Does the force use IMSI (international mobile subscriber identity) technology?

- If yes, since when and what is the total cost to date?

2) Has the force ever used IMSI technology?

- If yes which years and what was the cost per year?

3) Does the force use covert communications data capture (CCDC)?

- If yes, since when and what is the total cost to date?

4) Has the force ever used covert communications data capture (CCDC)? If yes which years.

- If yes which years and what was the cost per year?

5) If yes to any of the above, what was the data used for? Where was it stored? Is it still stored?

6) Has the force ever bought equipment or services from telecommunications firm Cellxion?

- If so, what was the cost, broken down to per year? 

We have now had the opportunity to fully consider your request and I provide a response for your attention. 

Northumbria Police can Neither Confirm Nor Deny (NCND) any information relating to your request is held and by doing so rely on the following exemptions: 

Section 23(5) – Information supplied by, or concerning, certain security bodies

Section 24(2) – National security

Section 30(3) – Investigations and proceedings conducted by public authorities

Section 31(3) – Law enforcement 

Section 23 is a class based absolute exemption and there is no requirement to consider the public interest test in this area. 

Section 30 is a class based qualified exemption and consideration must be given as to whether there is a public interest in neither confirming nor denying the information exists is the appropriate response. 

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 not that the information is held as well as carrying out a public interest test. 

The harm for the NCND is as follows:

By confirming or denying that Northumbria Police holds any information regarding these techniques would in itself disclose exempt information. Stating information is held would confirm usage and the opposite if there is no such information.

Any disclosure under the Freedom of Information Act is a disclosure to the world at large, and confirming or denying the use of specialist techniques which may or may not exist, and which (should they exist) the police service may or may not deploy in specific circumstances would prejudice law enforcement. If the requested information was held by the force, confirmation of this fact would reveal that the police have access to sophisticated communications analysis techniques. This would be damaging as it would (i) limit operational capabilities as criminals/terrorists would gain a greater understanding of the police's methods and techniques, enabling them to take steps to counter them; and (ii) provide an indication to any individual who may be undertaking criminal/terrorist activities that the police service may be aware of their presence and taking counter terrorist measures. 

Conversely, if information was not held by the force, and a denial was issued, this would reveal to those same individuals that their activities are unlikely to have been detected by the police. It may also suggest (whether correctly or not) the limitations of police capabilities in this area, which may further encourage criminal/terrorist activity by exposing a potential vulnerability. Disclosure of the information could confirm to those involved in criminality or terrorism that they are or have been the subject of such activity, allowing them to gauge the frequency of its use and to take measures to circumvent its use.  Any compromise of, or reduction in technical capability by forces would substantially prejudice the ability of forces to police their areas which would lead to a greater risk to the public. 

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 drug crimes and terrorist activities.

For example, to state that no information is held in one area and then exempt information held in another, would itself provide acknowledgement that the technique has been used at that second location.  This could have the likelihood of identifying location specific operations, enabling individuals to become aware of whether their activities have been detected. This in turn could lead to them moving their operations, destroying evidence, or avoiding those areas, ultimately compromising police tactics, operations and future prosecutions. 

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.

Factors favouring confirming or denying whether any other information is held for Section 24

The public is entitled to know where their public funds are being spent and a better informed public can take steps to protect themselves.

Factors against confirming or denying whether any other information is held for Section 24

By confirming or denying the use of specialist techniques could render security measures less effective. This could lead to the compromise of ongoing or future operations to protect the security or infrastructure of the UK and increase the risk of harm to the public

Factors favouring confirming or denying whether any other information is held for Section 30

The public are entitled to know what their public funds are spent on. Investigations may be closed and any proceedings may have been completed, and the investigations may have been high profile and had national implications.

Factors against confirming or denying whether any other information is held for Section 30

By confirming or denying the use of specialist techniques the force’s future law enforcement capabilities would be affected and this would hinder the prevention and detection of crime.

Factors favouring confirming or denying whether any other information is held for Section 31

Better awareness may reduce crime or lead to more information from the public, and the public would be able to take steps to protect themselves.

Factors against confirming or denying whether any other information is held for Section 31

By confirming or denying whether such techniques were used would compromise law enforcement tactics and undermine the partnership approach which would hinder the prevention or detection of crime. This would impact on police resources, more crime would then be committed and individuals placed at risk.

Balance test

The security of the country is of paramount importance and the Police service will not divulge whether information is or is not held if to do so could undermine national security or compromise law enforcement. Whilst there is a public interest in the transparency of policing operations and in this case providing assurance that the police service is appropriately and effectively engaging with the threat posed by the criminal fraternity, there is a very strong public interest in safeguarding both national security and 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 national security this will only be overridden in exceptional circumstances.

There is also no requirement to satisfy any public concern over the legality of police operations and the tactics we may or may not use. Forces are already held to account by statute for example the Police and Criminal Evidence Act and the Regulation of Investigatory Powers Act, and by independent bodies such as Her Majesty’s Inspectorate of Constabulary, the Independent Police Complaints Commission and the Office of the Surveillance Commissioner. Our accountability is therefore not enhanced by confirming or denying whether any information is held.

Therefore it is our opinion that for these issues the balancing test for confirming or denying whether any information is held regarding these techniques is not made out. This argument is obviously transferable to all police tactics.

None of the above can be viewed as an inference that the information you seek does or does not exist. 

Due to the different methods of recording information across 43 forces, a specific response from one constabulary should not be seen as an indication of what information could be supplied (within cost) by another.  Systems used for recording these figures are not generic, nor are the procedures used locally in capturing the data.  For this reason responses between forces may differ, and should not be used for comparative purposes. 

The information we have supplied to you is likely to contain intellectual property rights of Northumbria Police.  Your use of the information must be strictly in accordance with the Copyright Designs and Patents Act 1988 (as amended) or such other applicable legislation.  In particular, you must not re-use this information for any commercial purpose.