Dear Sir/Madam

RE: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION - Our Ref:
000854/20

With reference to your e-mail received 04/02/2020 requesting information:

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://gbr01.safelinks.protection.outlo....

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.

This is to inform you that Northamptonshire Police are currently dealing
with high levels of demand for information. Every effort will be made to
ensure that you receive an appropriate response on time, however, we may
not be able to complete the response to your request within 20 working
days. The ICO is aware and we are currently enacting a recovery plan.

On behalf of Northamptonshire Police, I do apologise for any inconvenience
that may be caused by this delay and if you wish to discuss this any
further then please contact the undersigned.

Northamptonshire Police provides a review and appeals procedure within the
terms of the Freedom of Information Act 2000. If you decide to make an
appeal and, having followed the full process you are still dissatisfied,
you will then have the right to direct your comments to the Information
Commissioner who will give due consideration to the matter. See Appendix
'a' attached.

Yours failthfully

C0080 Amanda-Jayne USHER

Freedom of Information Officer | Force Information Unit | Professional
Standards Department

Tel : 101 | Ext. 341172 (If calling from outside of Northamptonshire,
please call 03000 111 222)

Address : Force Headquarters | Wootton Hall | Wootton Hall Park |
Northampton | NN4 0JQ

Northamptonshire Police – Fighting crime, protecting people

The content of this email should be treated as OFFICIAL - SENSITIVE unless
otherwise indicated

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Dear Torr Robinson   

RE: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION Our Ref: 000854/20

With reference to your e-mail received 04/02/2020 requesting information
as reproduced below:

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.

Northamptonshire Police can neither confirm that it holds any information
in relation to your request under the Freedom of Information Act 2000.
Please take this letter as a Refusal Notice to this particular request.

Section 17 of the Freedom of Information Act 2000 requires
Northamptonshire Police, when refusing to provide such information
(because the information is exempt within the provisions of the Act) is
required to provide you, the applicant, with a Notice which:

a)      states the fact that an exemption has been applied

b)      specifies the exemption in question, and

c)      states why the exemption applies (if that would not otherwise be
apparent)

The statutory exemptions applicable to the information not disclosed is as
follows:

S24(2) – National Security

S31(3) – Law Enforcement

Harm in confirming information is held

Modern day policing is intelligence led and law enforcement depends upon
the development of intelligence and the gathering and security of evidence
in order to disrupt criminal behaviour and bring offenders to justice.  As
criminals adapt and exploit new technology, the police need to respond by
overcoming hi-tech barriers in order to meet their responsibilities.  In
this case the information relates to the extraction of data from
individuals’ mobile devices, albeit victim or offender.  By revealing
whether information is held in relation to the specific technology, will
in itself be revealing tactical information which would undermine the
process of preventing or detecting crime and the apprehension of
prosecution of offenders.  

Factors favouring confirming or denial – S24

Confirming or denial that any information exists relevant to the request
would lead to a better informed public and the public are entitled to know
how public funds are spent.  The information simply relates to national
security and disclosure would not actually harm it.

Factors against confirming or denial - S24 

To confirm or deny whether Northamptonshire Police hold any information
would allow inferences to be made about the nature and extent of national
security related activities which may or may not take place.  This could
enable terrorist groups to take steps to avoid detection, and as such,
confirmation or denial would be damaging to national security.

By confirming or denying any policing arrangements of this nature would
render national security measures less effective.  This would lead to the
compromise of ongoing or future operations to protect the security or
infra-structure on the UK and increase the risk of harm to the public.

Factors favouring confirming or denial – S31

Confirming or denying that Northamptonshire Police holds information would
raise the general public’s awareness around techniques used to extract
information from mobile phones and show responsibility to delivery of
effective operational law enforcement.

Factors against confirming or denying – S31

By confirming or denying whether information is held could compromise
Northamptonshire Polices law enforcement capabilities and the
effectiveness of the force will be reduced. To confirm or deny if
information is held could undermine current and/or future strategies when
carrying out investigations and gathering evidence may be compromised.

The personal safety of individuals is of paramount importance to the
Police Service and must be considered in response of every release.  A
disclosure under Freedom of Information is a release to the world and, in
this case, confirming or denying if the information is held in relation to
gathering evidence from mobile phones, would undermine the evidence
gathering process of any investigative inquiry relating to offences, some
of which may be serious cases such as murder or rape.

Balancing Test

As always the Freedom of Information Act has a presumption of disclosure,
unless when balancing the competing public interest factors the prejudice
to the community outweighs the benefits.  In this case, there is an
argument for confirming or denying, inasmuch as the public have a right to
know that every effort is made to gather all relevant evidence, including
extracting data from mobile phones, but this must be balanced against the
negative impact these disclosures can make.  

Law Enforcement is reliant on community engagement, intelligence and
evidence gathering and when it is appropriate, information is given to the
public.  What has been established in this case is the fact that
confirming or denying that information relating to technologies used when
extracting data would be harmful and have an adverse effect on the
investigative process and on the public prevention or detection of crime
and the apprehension or prosecution of offenders.  This places the victims
of such offending at a greater risk towards their health and wellbeing and
is not an action the Police Service would be willing to take.  These
negatives outweigh any tangible community benefit and therefore the
balance does not favour disclosure at this time.

No inference should be taken that the information you requested exists or
does not exist.

I trust you find this information to be satisfactory but if you have any
further queries please do not hesitate to contact me. On behalf of
Northamptonshire Police I would like to apologise for the delay in getting
this information to you.

Northamptonshire Police provides a review and appeals procedure within the
terms of the Freedom of Information Act 2000. If you decide to make an
appeal and, having followed the full process you are still dissatisfied,
you will then have the right to direct your comments to the Information
Commissioner who will give due consideration to the matter. See Appendix
'a' attached.

Yours sincerely

Gemma Barrie

C1374 Gemma Barrie| Freedom of Information Officer and Researcher

Force Information Unit | Professional Standards Department

Northamptonshire Police

Telephone: 101 | Ext No. 343701 - (If calling from outside
Northamptonshire, please call 03000 111 222)

Email: [1][email address]

Address: Force Headquarters, Wootton Hall, Wootton Hall Park, Northampton
NN4 0JQ

Northamptonshire Police "Putting Communities First"

The content of this email should be treated as RESTRICTED unless otherwise
indicated

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