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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 208-2023
I write in connection with your request for information which was received on 20th February 2023 as follows:
I write to request information and records under the Freedom of Information Act 2000 (FOIA), regarding the use of facial recognition technology.
Questions 1-6 relate to the period January 2022-January 2023.
Q1. Has Warwickshire Police deployed live facial recognition?
Q1a. If so, please provide dates and locations for each deployment.
Q2. Has Warwickshire Police used any form of retrospective facial recognition?
Q2a. If so, please provide the dates and locations at which the images or footage was obtained.
Q3. Has Warwickshire Police deployed operator initiated facial recognition?
Q3a. If so, please provide dates and locations for each deployment.
Q4. Has Warwickshire Police deployed any type of facial recognition in conjunction with body-worn video?
Q4a. If so, please provide dates and locations for each deployment.
Q5. Where live facial recognition has been used.
Q5a. How many images were on the watch list used in each instance?
Q5b. From where were these images taken?
Q5c. How many of those on the watch list were not wanted for arrest in each instance?
Q5d. For what other reasons were these people included?
Q6. At each deployment, how many alerts were generated?
Q6a. How many times did police officers consider the match sufficiently credible to stop individuals and perform an identity check?
Q6b. Following an identity check, how many stops were verified as correct matches?
Questions 7-10 relate to the period from February 2023 onwards.
Q7. Does Warwickshire Police plan to deploy live facial recognition?
Q7a. If so, please provide dates and locations for each known planned deployment.
Q8. Does Warwickshire Police plan to use retrospective facial recognition?
Q8a. If so, please provide dates and locations for each known planned deployment.
Q9. Does Warwickshire Police plan to deploy operator initiated facial recognition?
Q9a. If so, please provide dates and locations for each known planned deployment.
Q10. Does Warwickshire Police plan to deploy any type of facial recognition in conjunction with body-worn video?
Q10a. If so, please provide dates and locations for each known planned deployment.
Please accept my sincere apologies for the delay in providing the response to your request and for any inconvenience this may have caused. Please find the Warwickshire Police response set out below.
Q1 response: No information held.
Q1a response: Not applicable.
Q2 response: No information held.
Q2a response: Not applicable.
Q3 response: No information held.
Q3a response: Not applicable
Q4 & Q4a, Q10 & Q10a response: With regard to overt use, no information held.
In addition, Warwickshire Police can neither confirm nor deny any further information is held in relation to covert facial recognition by virtue of the following exemptions:
Section 24(2) National Security
Section 31(3) Law Enforcement
Sections 24 and 31 are prejudice based qualified exemptions and as such there is a requirement to articulate the harm and conduct a test of the public interest in confirmation or denial.
Evidence of Harm
Any disclosure under FOI is a release to the public at large. Whilst not questioning the motives behind this specific request, confirming or denying that any further information held relating to any possible covert practice of facial recognition would show those who pose a risk to national security what the capacity, tactical abilities and capabilities of Warwickshire Police are, allowing them to target specific areas of the UK to conduct/undertake their criminal/terrorist activities.
Confirming or denying the specific circumstances in which the Police Service may or may not deploy covert facial recognition would lead to an increased risk of harm to covert investigations and compromise law enforcement. This would be to the detriment of providing an efficient policing service and a failure in providing a duty of care to all members of the public.
The threat from terrorism cannot be ignored. It is generally recognised that the international security landscape is increasingly complex and unpredictable. Since 2006, the UK Government has published the threat level, based upon current intelligence and that threat is currently categorised as ‘substantial’, see below link:
https://www.mi5.gov.uk/threat-levels
The UK continues to face a sustained threat from violent extremists and terrorists. It is well established that police forces use covert tactics and surveillance to gain intelligence in order to counteract criminal behaviour. It has been previously documented in the media that many terrorist incidents have been thwarted due to intelligence gained by these means.
Confirming or denying whether any information is or is not held relating to covert facial recognition would limit operational capabilities as criminals, including terrorists would gain a greater understanding of police methods and techniques, enabling offenders to take steps to counter them. It may also suggest the limitations of police capabilities in this area, which may further encourage criminal/terrorist activity by exposing potential vulnerabilities. This detrimental effect is increased if the request is made to several different law enforcement bodies. In addition to the local criminal fraternity now being better informed, those intent on organised crime throughout the UK will be able to map where the use of certain tactics are or are not deployed. This can be useful information to those committing crimes. It would have the likelihood of identifying location-specific operations which would ultimately compromise police tactics, operations and future prosecutions as criminals could counteract the measures used against them. Any information identifying the focus of policing activity could be used to the advantage of terrorists or criminal organisations. Information that undermines the operational integrity of these activities will adversely affect public safety and have a negative impact on both National Security and Law Enforcement.
Public Interest Test
Section 24 - Factors favouring complying with Section 1(1)(a) confirming information is held
Confirming or denying that any other 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.
Section 24 - Factors against complying with Section 1(1)(a) neither confirming nor denying that information is held
To confirm or deny whether Warwickshire Police hold any additional 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.
Section 31 - Factors favouring complying with Section 1(1)(a) confirming information is held
Confirming or denying whether any further information is held would allow the public to see where public funds have been spent and allow the police service to appear more open and transparent.
Section 31 - Factors against complying with Section 1(1)(a) neither confirming nor denying that information is held
By confirming or denying whether any further information is held would mean that law enforcement tactics would be compromised which would hinder the prevention and detection of crime. Security arrangements and tactics are re-used and have been monitored by criminal groups, fixated individuals and terrorists. These security arrangements and tactics would need to be reviewed which would require more resources and would add to the cost to the public purse.
Balance Test
The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. The security of the country is of paramount importance and Warwickshire Police will not divulge whether any other information is or is not held if to do so would place the safety of an individual at risk, compromise law enforcement or undermine National Security.
Whilst there is a public interest in the transparency of policing operations and providing assurance that the Police Service is appropriately and effectively engaging with threats posed, there is a very strong public interest in safeguarding both National Security and the integrity of the police in knowing that policing activity is appropriate and balanced in matters of National Security; this will only be overridden in exceptional circumstances.
Therefore, it is our opinion that for these reasons the balancing test for confirming or denying whether any other information is held is not made out.
Please note this response should not be taken as an indication as to whether further information is or is not held, other than what Warwickshire Police have confirmed is held within this response to your questions.
Q5 to Q6b response: Not applicable.
Q7 to Q9a response: No information held.
Every effort has been made to ensure that the information provided is as accurate as possible.
Your attention is drawn to the below which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or email the Freedom of Information Unit quoting the reference number above.
Yours sincerely
Freedom of Information Officer
Freedom of Information Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB