657/23 Digital Evidence Management system

                                                         OFFICIAL

 

FOI Reference: 657/2023

 

Request:

 

1. Who provides your digital evidence management (DEMS) system?
2. What date does this contract end and are there any extension periods to this date as part of the contract?
3. What is the net spend on your current DEMS contract?
4. What procurement route do you intend to use when going to market for a new solution?
5. Who is the main contact in charge of your DEMS contract and the current solution?

 

Response 1:

 

I can confirm that Dyfed-Powys Police does hold the information requested, however a Section 31(1)(a)(b) Law Enforcement exemption has been applied to part of the requested information thereby exempting its release.

 

Section 1 of the Freedom of Information Act 2000 places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1) (b) is to disclose information that has been confirmed as being held.

Where exemptions are relied upon section 17 of FOIA requires that we provide the applicant with a notice which:

 

1. a) States that fact
2. b) Specifies the exemption(s) in question and
3. c) State (if that would not otherwise be apparent) why the exemption applies

 

Section 31(1)(a)(b) Law Enforcement:

 

• Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to prejudice -
• the prevention or detection of crime
• the apprehension or prosecution of offenders

 

Section 31 is a prejudice based qualified exemption and as such there is a requirement to provide details of the harm as well as the public interest test.

Harm in Disclosure

The Harm Test process requires Dyfed-Powys Police to consider any possible harm that might arise as a result of placing the requested information into the public domain.  This process considers the potential harm to:

 

• Individuals
• The community as a whole
• Dyfed-Powys Police and the wider policing service
• Other bodies

 

Policing is an information-led activity, and information assurance (which includes information security) is fundamental to how the Police Service manages the challenges faced.  In order to comply with statutory requirements, the College of Policing Authorised Professional Practice for Information Assurance has been put in place to ensure the delivery of core operational policing by providing appropriate and consistent protection for the information assets of member organisations, see below link:

 

https://www.app.college.police.uk/app-content/information-management/

 

Commercial DEMS Providers are vitally important in the Criminal Justice system - not only do they play a crucial role by supporting UK Policing with the security and storage of vast amounts of digital evidence that can be gathered or generated during investigations, but they help manage the chain of custody; keeping relevant audit logs so that the digital evidence can be relied upon in Court. 

 

Whilst not in any way questioning the motives of the applicant, it must be taken into account when considering potential harm that a disclosure under the Freedom of Information Act 2000 is made to the world at large, rather than a private correspondence. Specific details of the DEMS used by Dyfed-Powys Police would be extremely useful to those involved in criminality as it would enable them to create a map of those most critical to the Law-and-Order sector, and specifically target those proving the most assistance.

 

The risk of such is significant and real, whether it is in relation to the DEMS or any other aspect of policing within the context of digital evidence, such as the use of Forensic Service Providers. For example, in 2019 Eurofins (one of the UKs largest FSPs) suffered a highly sophisticated ransomware attack which severely disrupted UK Policing and the Criminal Justice system. 

 

https://www.helpnetsecurity.com/2019/06/24/eurofins-ransomware-attack/

https://www.theguardian.com/science/2019/jul/05/eurofins-ransomware-attack-hacked-forensic-provider-pays-ransom

 

As demonstrated, the threat of cyberattacks is clear and remains ever present, which if successful, such an attack would have devastating consequences for law enforcement as a whole.

 

Public Interest Test

 

Factors favouring Disclosure –

 

Confirming the names of DEMS providers would be of interest to the public, namely give insight into the solutions used by the police to manage and store vast amounts of digital evidence.

 

Factors favouring Non-Disclosure –

 

Measures are put in place to protect the community we serve and as evidenced within the harm, to provide the information requested would allow individuals intent on disrupting law enforcement to target specific companies using the information obtained to maximise the impact.

 

Taking into account the current security climate within the United Kingdom, and the previous Eurofins cyber-attack, no information which may aid criminality should be disclosed. It is clear that it would have an impact on a Force’s ability to carry out the core duty of enforcing the law and serving the community.

 

The public entrust the Police Service to make appropriate decisions with regard to their safety and protection and the only way of reducing risk is to be cautious with what is placed into the public domain.

 

Balance Test –

 

The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve.  In order to effectively and robustly carry out those duties, external services are utilised which are vital to investigating criminal activity. Weakening the mechanisms used to investigate any type of criminal activity would have a detrimental impact on law enforcement as a whole. To provide the information requested, despite the known risks of cyber-attacks, would undermine any trust or confidence the public have in the Police Service.  Therefore, at this moment in time, it is our opinion that the balance test favours against disclosure.

 

Response 2:

 

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

 

December 2032 – No extension.

 

Response 3:

 

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

 

£3,014,550.00 – 10 years.

 

Response 4:

 

I can confirm that there is no information held by Dyfed-Powys Police due to the fact that the renewal is 9.5 years away and it will be assessed closer to the renewal date.

 

Response 5:

 

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

 

The Senior ICT Operational Manager.

 

                                                                                                           

 

It should be noted that as a result of the systems adopted by Dyfed-Powys Police in relation to the recording of such information that the information released may or may not be accurate.

 

(This is a response under the Freedom of Information Act 2000 and disclosed on 19/03/2024)