EvoFit 1025/2023
FOI Reference: 1025/2023
Request:
I understand that Dyfed Powys Police uses software known as EvoFIT to assist some of its criminal investigations. EvoFIT is designed to create images of the face of suspects from the testimony of eyewitnesses to a crime. The images produced are sometimes referred to as E-FITs.
Under the Freedom of Information Act 2000, I would like to request the following information:
- When did Dyfed Powys police first purchase a license or licenses to the EvoFIT software ?
- How many licenses to the software does Dyfed Powys police currently hold ?
- What is the sum of payments (if any) made by Dyfed Powys police in each of the calendar years 2018-2023 inclusive in respect of its use of EvoFIT ? This may include license costs, technical support costs and maintenance costs as appropriate.
- What is the sum of payments (if any) made by Dyfed Powys police in each of the calendar years 2018-2023 inclusive in respect of training staff in the use of EvoFIT ?
Response 1:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
2016
Response 2:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
2
Response 3 & 4:
Section 43(2) exemption applies.
Explanation of the applied exemption:
Section 43(2) - Commercial Interests
“(2) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice commercial interests of any person (including the public authority holding it).”
This is a qualified and class-based exemption. As a class-based exemption, legislators have already accepted the harm in release of this class of information. As a consequence, there is no requirement to evidence the harm in disclosing such information. However, as the exemption is a qualified exemption there is a requirement to apply the public interest test, as detailed below.
Public Interest Test:
Considerations Favouring Disclosure:
There is a requirement to provide to the general public a better understanding of how public funds are spent. One of the underlying principles of the Act is the need for openness and transparency. In this case, there is a public interest in establishing that Dyfed-Powys Police has negotiated a competitive rate in relation to the EvoFIT Software.
Considerations Favouring Non-Disclosure
In this case, to release details relating to the EvoFIT Software would likely to prejudice the commercial interests of the current supplier by adversely affecting its bargaining position during contractual negotiations which would result in the less effective use of public money. This would not only prejudice the commercial interests of the company/supplier but also that of Dyfed-Powys Police, as the release of this information may also affect the competitiveness of the contract which in turn would affect the relationship the force has with the company/supplier which could result in civil action from a third party.
Balancing Test:
When balancing the public interest test, we have to consider whether the information should be released into the public domain. Advantages and disadvantages of disclosure need to be weighed against each other. In this case there is the use of public funds favouring disclosure which needs to be weighed against the damage that would occur to any ongoing or future tender process and the commercial interests of third parties.
By releasing the requested information, the commercial interests of a business and individuals may be compromised including that of Dyfed-Powys Police, along with the relationship that Dyfed-Powys Police has with that company/supplier or persons. Therefore, the factor favouring non-disclosure, which is damage occurring to any future tender process and the commercial interests of third parties outweighs the factor favouring disclosure, which is better understanding of how public funds are spent.
As such, the public interest favours non-disclosure of the information at this time. Therefore, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
(This is a response under the Freedom of Information Act 2000 and disclosed on 07/05/2024)