AI systems 240/2025

FOI Reference: 240/2025

Request:

I am requesting information regarding AI use in digital forensic departments nationwide.

The questions relate only to your digital forensics departments, including units that process digital images, video and audio evidence

1. Do any of your digital forensic departments employ tools/software that incorporate AI technology? This could include software that uses AI such as enhancement software or systems used for facial recognition.

If your response is "yes", then please include the name of the software(s) and details of what they used for.

2. What guidelines, regulations, or legislation do you follow in relation to AI use within your digital forensic departments?
3. Are there any AI tools/software that you plan on using in the near future?

Please do feel free to provide any further information you feel might be relevant regarding the use of AI within your digital forensics departments that are not covered within the questions above.

Response 1:

I can confirm that Dyfed-Powys Police does hold the information requested, however, we are withholding some of that information by virtue of Section 31(1)(a)(b) – Law enforcement. (please see the end of the document for an explanation of the applied exemption)

• Yes – however, please note that AI features are not automatically run and are not often utilised. Also if they are run then the result would be ratified by manual verification.
• Name of name of the software(s) and details of what they used for:
  • Section 31(1)(a)(b) applies

Response 2:

I can confirm that Dyfed-Powys Police does hold the information requested, the details of which are as follows:

• As we do not utilise AI as the primary evidence provider and manually ratify any evidence recovered there is no need to adhere to any particular guidance.

Response 3:

I can confirm that Dyfed-Powys Police does hold the information requested, the details of which are as follows:

• Not currently

Explanation of the applied exemption:

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

(1)        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 - 

(a)        the prevention or detection of crime

(b)        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.

Evidence of harm:

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 Forensic Service Providers and the software they offer are vitally important in the Criminal Justice system - not only do they play a crucial role by supporting UK Policing with backlogs in the Digital Forensics arena, but they provide Defence teams with access to independent forensic experts to support their clients.

Whilst not 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 any digital forensic software used by Dyfed Powys police would be extremely useful to those involved in criminality as it would enable them to create a map of tools and, by extension, providers most used by police Forces. Forensic Service Providers can, and have, be targeted by malicious actors. For example in 2019 Eurofins suffered a highly sophisticated ransomware attack which severely disrupted UK Policing and the Criminal Justice system. 

Providing a list of digital forensics software used that incorporates AI technology would mean that force by force, a criminal or individual with criminal intent could identify the software and/or providers most critical to law enforcement and specifically target those proving the most assistance. This would have a huge impact on the effective delivery of operational law enforcement as it would leave companies open to cyberattacks which could have devastating consequences. 

Public Interest Test:

Factors favouring Disclosure - Confirming details of the software used that incorporates AI technology would be of interest to the public, namely give insight into the forensic processes used to solve crimes.

Factors favouring Non-Disclosure - Measures are put in place to protect the community we serve and as evidenced within the harm, to provide a detailed list of digital forensic software that incorporates AI technology 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 and the increasing risk of cyber-attack within the United Kingdom, no information which may aid criminality should be disclosed. It is clear that it would have an impact on Dyfed Powys polices 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, 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 names of digital forensic software that incorporates AI technology currently in use by the Dyfed Powys police increases the known risks of cyber-attacks and 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 the disclosure.                                   

(This is a response under the Freedom of Information Act 2000 and disclosed on 08/04/2025)