Use of cloud analytics / extraction

Response to this request is long overdue. By law, under all circumstances, Cumbria Constabulary should have responded by now (details). You can complain by requesting an internal review.

Dear Cumbria Constabulary,

I am aware that companies are selling technologies to law enforcement that allow them to take vast quantities of personal data from cloud-based apps and accounts. You can read more [https://privacyinternational.org/long-re....

I make the following request for documents/information under the Freedom of Information Act:

1. Do you use mobile phone extraction technology that includes cloud analytics / cloud extraction capabilities e.g. Cellebrite UFED Cloud Analyser, Magnet Axiom Cloud or Oxygen Forensics Cloud Extractor

2. Do you have other technologies that allow you to access cloud-based accounts and extract this data.

3. Please provide a copy of the relevant Data Protection Impact Assessment.

4. Please provide a copy of the relevant local and/or national guidance/standard operating procedure/policy.

5. Please confirm the legal basis you rely on to conduct cloud analytics/extraction.

Yours faithfully,

Alex Haydock

freedomofinformation, Cumbria Constabulary

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freedomofinformation, Cumbria Constabulary

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Hamblin, Nigel, Cumbria Constabulary

3 Attachments

Dear Alex Haydock,

 

Please find attached a response from Cumbria Constabulary to your Freedom
of Information request.

 

Kind Regards,

 

Nigel Hamblin.

 

PC1728 Nigel Hamblin.

 

Disclosure and Compliance Officer

People Department, Corporate Support

 

T:  0300 124 0113 ext 60025
W: [1]www.cumbria.police.uk

Find us on…
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Professional Standards Department,

Police Headquarters, Carleton Hall, Penrith, Cumbria CA10 2AU.

 

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Dear Cumbria Constabulary,

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

I am writing to request an internal review of Cumbria Constabulary's handling of my FOI request 'Use of cloud analytics / extraction'.

I am aware that for a refusal under S31, a balancing test must be performed which weighs the factors favouring disclosure against those favouring non-disclosure. I note that you have conducted such a test and that you have detailed the reasons for your decision in your response.

The factors favouring non-disclosure which you make reference to are primarily concerned with the potential for disclosure to compromise the effectiveness of law enforcement. As you note: “revealing specific tactical information such as requested within this request, would undermine the process of preventing or detecting crime and the apprehension of prosecution of offenders.”

I acknowledge your viewpoint, however I believe it is undermined by the fact that other UK police forces have responded to similar requests more openly.

As you are no doubt aware, my FOI request originated from a campaign by Privacy International to gather information about the use of cloud extraction technology. A number of other police forces have provided clear information about whether this technology is, or is not, being used.

On 12 December 2018 a member of Lancashire Police Department UK told viewers of a Cellebrite webinar that they were using Cellebrite's Cloud Analyser to obtain cloud based 'evidence'. In response to a Freedom of Information request Hampshire Constabulary told Privacy International they were using Cellebrite Cloud Analyser. Similar requests have been answered openly by Kent Police and Wiltshire Police.

In the Cellebrite webinar referenced above, Lancashire noted that their use of cloud analytics predated the existence of national standards or clarity on legal safeguards. They indicated to viewers of the webinar that they took the initiative to create a draft policy and share it with the National Crime Agency and other forces. This leads us to a reasonable belief that the use of this technology is more widespread than just the police forces who have openly responded to requests thus far.

The UK public are largely in the dark about when, how often and why cloud extraction is being used and transparency with regard to these requests would be greatly beneficial so that the public can understand when their cloud-based applications may be accessed. It would also greatly improve transparency around the legal basis used for access, and the frameworks that have been put in place to ensure that individual rights are protected. The public has a right to knowledge about the existence of such practices and the frameworks involved so that such frameworks can be subject to public scrutiny and improved if they are found to be inadequate.

It is my believe that the public interest in the response to this request outweighs any factors favouring non-disclosure under S31, and I request a review of your decision not to disclose.

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

Yours faithfully,

Alex Haydock

freedomofinformation, Cumbria Constabulary

Thank you for your email which has today been received by Cumbria
Constabulary.

 

If your message relates to a request for information under the Freedom of
Information Act 2000, please accept this message as an acknowledgement of
receipt and you will receive a response to your request within 20 working
days.

 

If your email does not relate to a request for information, but requires a
response, you will be contacted after the content of your email has been
reviewed.

 

This is an automated email.  Please do not respond to it.  If at any point
you would like to discuss your email Please call the Data Control Unit on:
- 101 (Police Force Cumbria) Option 2 : ext 60025.

 

IMPORTANT NOTICE:

This email, its content and any file transmitted with it, may be
confidential/legally privileged, and are for the intended recipient only.
It may contain information protected by law. Any unauthorised copying,
disclosure or other processing of this information may be unlawful and may
be a criminal offence. If you have received this email in error please
advise Cumbria Constabulary on 101 or via email return, and delete this
email and any attachments immediately. Any opinions expressed in this
document are those of the author and do not necessarily reflect the
opinion of Cumbria Constabulary.

This footnote also confirms that this email message has been scanned by
Exchange Online Protection for the presence of computer viruses.

_______________________________________________________
Please, consider your environmental responsibility. Before printing this
e-mail ask yourself: "Do I need a hard copy?"

Johnathan Burrows left an annotation ()

The refusal does not make sense for a number of reasons.

Other police establishments have replied.
It is not a secret that police forces can have this ability, by disclosing that they do in fact do it would not be disclosure of a secret.
Disclosure would in no way have a negative effect on crime as its proof of more powers, not less.
There is a huge public interest in the disclosure in that it directly relates to the privacy of individuals who may not be guilty of any crimes.
then lets consider transparency, the public trust in this particular force will be damaged more by failure to disclose then it will by the disclosure itself.