Management of Sexual Offenders - Internet Monitoring Software

Roedd y cais yn rhannol lwyddiannus.

Dear Essex Police,

I wish to make a Freedom of Information request regarding the software used to monitor a Sex Offenders internet activity.

Could you please outline:

1. The name and provider of any software installed on a Sex Offenders internet device by Essex Police to monitor the activity of the Offender online
2. The scope of such software
3. What information it collects
4. How the information is collected and stored
5. Who has access to this information
6. The retention period for the information that is collected
7. Relevant legislation authorising Essex Police to install such software on an Offenders device
8. The rights of the offender to remove this software from their device
9. How this information is used to manage the Offenders risk of reoffending

Thank you.

Yours faithfully,

Adam

Info Rights Freedom Essex, Essex Police

1 Atodiad

Thank you for your enquiry which has been logged under the above
reference. 

 

Please note that Essex Police are actively publishing information within
our publication scheme webpage, information supplied as part of this
request could be used within the scheme.  Please click on the following
link to search details of existing publications
[1]https://www.essex.police.uk/foi-ai/af/ac....

 

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part.  The exemption at Section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[2]www.ico.gov.uk, specific information relating to submitting a request
can be found at: 
[3]https://ico.org.uk/for-the-public/offici...

 

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request.  Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances, delays may be
unavoidable.  We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

Please ensure all future enquiries are sent to the
[4][Essex Police request email] mailbox.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [5][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[6]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[7]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [8]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [9]https://ico.org.uk/

 

 

 

dangos adrannau a ddyfynnir

Dear Info Rights Freedom Essex,

Could I please have an update on this request?

By Law I should have had a response by the 6th August.

Yours sincerely,

Adam Holland

Info Rights Freedom Essex, Essex Police

1 Atodiad

Thank you for your patience in regard to your initial request and we
acknowledge you are awaiting a response.  We must firstly apologise for
the lack of updates from this department as the level of service provided
has been below what is expected. Our attention is focused on your request
and we shall shortly be contacting you, please rest assured that the level
of service from this department is our priority and once again please
accept our apologies for the delay you have experienced.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [1][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[2]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[3]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [4]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [5]https://ico.org.uk/

 

 

 

dangos adrannau a ddyfynnir

Dear Info Rights Freedom Essex,

Is there any update on this request at all yet please?

Yours sincerely,

Adam Holland

Info Rights Freedom Essex, Essex Police

1 Atodiad

Link: [1]File-List
Link: [2]Edit-Time-Data

Thank you for your e-mail Adam.

 

Your request has been sent to our Crime & Public Protection Strategic
Centre for review.  However, at this current time, due to the considerable
backlog of FOI requests, we are unable to give you a progress update on
when you might receive a response.

 

Please accept our apologies for the delay you have experienced.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [3][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[4]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[5]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [6]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [7]https://ico.org.uk/

 

 

 

 

dangos adrannau a ddyfynnir

Dear Essex Police,

Please pass this on to the person who conducts Freedom of Information reviews.

As I have not yet had an answer to my request, I am writing to request an internal review of Essex Police's handling of my FOI request 'Management of Sexual Offenders - Internet Monitoring Software'.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Yours faithfully,

Adam Holland

Info Rights Freedom Essex, Essex Police

1 Atodiad

Essex Police is in receipt of your complaint to FOI request 15915
regarding Sex Offenders - Internet Monitoring Software.

 

Essex Police will conduct a review as requested.

 

As you will be aware the Information Commissioner's guidance for reviews
held under Section 50 of the Act is that they should be completed
within twenty working days of receipt of the complaint (unless exceptional
circumstances arise in which case the authority may extend the deadline by
a further twenty days) this will give a deadline of the 13/10/2021.

 

As advised in our reply if you are not content with the outcome of the
review, you have the right to apply directly to the Information
Commissioner for a decision. The Information Commissioner can be contacted
at: Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF or via [1]http://www.ico.gov.uk/

 

We will write again by that date.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [2][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[3]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[4]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [5]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [6]https://ico.org.uk/

 

 

 

dangos adrannau a ddyfynnir

Info Rights Freedom Essex, Essex Police

2 Atodiad

Link: [1]File-List
Link: [2]Edit-Time-Data

Thank you for your enquiry which has been logged under the above
reference.

 

Section 1 of the Freedom of Information Act 2000 (FOIA) 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: a) states that fact b) specifies the exemption(s) in
question and c) states (if that would not otherwise be apparent) why the
exemption applies.

 

In respect of your enquiry:

 

I wish to make a Freedom of Information request regarding the software
used to monitor a Sex Offenders internet activity.

 

Could you please outline:

 

1. The name and provider of any software installed on a Sex Offenders
internet device by Essex Police to monitor the activity of the Offender
online

2. The scope of such software

3. What information it collects

4. How the information is collected and stored

5. Who has access to this information

6. The retention period for the information that is collected

7. Relevant legislation authorising Essex Police to install such software
on an Offenders device

8. The rights of the offender to remove this software from their device

9. How this information is used to manage the Offenders risk of
reoffending

 

Having completed enquiries within Essex Police in respect of Section
1(1)(a), Essex Police does hold information relating to your request,
Essex Police can confirm in respect of Section 1(1)(b) the following data:

 

Caveat:  The data is correct as at 02 September 2021.

 

1. The name and provider of any software installed on a Sex Offenders
internet device by Essex Police to monitor the activity of the Offender
online.

Essex Police currently use ESAFE.

 

7. Relevant legislation authorising Essex Police to install such software
on an Offenders device.

Monitoring software will be installed by the Police where there is a
prohibition contained on a Court Order such as a Sexual Harm Prevention
Order.  The prohibition imposes upon the offender that they either must
have monitoring software (normally at their own expense) or the Police can
direct that monitoring software can be installed.  The wording may differ
for each order. Offenders may also volunteer to have the software
installed.

 

8. The rights of the offender to remove this software from their device.

This is dependent on the Court Order.  If the software is installed as a
direct result of an order it is likely that there will be a prohibition
restricting the deletion, removal, bypassing or interference of such
software.

 

9. How this information is used to manage the Offenders risk of
reoffending.

Please provide clarification as the scope of this question is too vast to
answer.  On a general note, Police will assess behaviour taking into
account individual risk assessments.

 

In relation to Questions 2 to 6, no further information will be provided
by virtue of the following exemption:

 

Section 31(1)(a)(b) – Law Enforcement

 

Overall Harm

As you will be aware, any release under the FOIA is a disclosure to the
world, not just to the individual making the request.  Whilst not
questioning the motives of the applicant, the disclosure of specific
detail about the software used, for example the scope of the software
(i.e. functionalities and artefacts to be delivered as a part of the
software) what it collects, how it is collected would place into the
public domain information that could be used by offenders to circumvent
the system and evade detection.

 

Public Interest Considerations

 

Factors favouring disclosure of information for Section 31

The public are entitled to know how public funds are spent and by
disclosing this information the public would be able to see where public
money is being spent and know that Essex Police are doing as much as they
can to monitor Registered Sex Offenders.

 

Factors against disclosure of information Section 31

Essex Police has a duty of care to the community at large and public
safety is of paramount importance.  If an FOI disclosure were to reveal
information to the world, it would not only compromise and undermine the
Police’s ability to prevent and detect crime and apprehend offenders, but
also the effective delivery of operational law enforcement as offenders,
could use this knowledge to their advantage which would compromise public
safety and more worryingly encourage offenders to carry our further
crimes.

 

There is also the potential that providing technical specifications could
leave programmes vulnerable to cyberattack.

 

Balancing Test

The points above highlight the merits of not disclosing information
pertinent to this request.  The Police Service is charged with enforcing
the law, preventing and detecting crime and protecting the communities we
serve. 

 

Whilst there is a strong public interest in the transparency of policing
technology, Essex Police will not divulge information if it is likely that
it will compromise the work of the Police Service or place members of the
public at risk.  Disclosure of the requested information would highlight
areas that could be exploited by criminal organisations and individuals.

 

This will adversely affect Essex Police’s ability to detect and prevent
crime, as it may alter the behaviours of those intent on criminal
activity.  This in itself could put members of the public at risk and
hinder law enforcement.  It is, therefore, our belief that the balance
test lies in favour of not disclosing the information.

 

Please note the above request will be included within our [3]Publication
Scheme.  Further information regarding [4]Registered Sex Offenders can be
found through our Publication Scheme.

 

You may also find the below link of interest:

 

[5]https://www.essex.pfcc.police.uk/wp-cont...

 

Essex Police trusts that the information provided is of assistance.  Thank
you for your interest in Essex Police.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [6][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[7]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[8]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [9]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [10]https://ico.org.uk/

 

 

 

From: Info Rights Freedom Essex
Sent: 01 September 2021 16:04
To: 'Adam Holland' <[FOI #771603 email]>
Subject: RE: EXTERNAL - Re: FOI 15915 Sex Offenders - Internet Monitoring
Software

 

Thank you for your e-mail Adam.

 

Your request has been sent to our Crime & Public Protection Strategic
Centre for review.  However, at this current time, due to the considerable
backlog of FOI requests, we are unable to give you a progress update on
when you might receive a response.

 

Please accept our apologies for the delay you have experienced.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [11][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[12]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[13]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [14]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [15]https://ico.org.uk/

 

 

 

 

dangos adrannau a ddyfynnir