FOI 624-2023 / June 2023 / Forensic services
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 624-2023
I write in connection with your request for information which was received on 23rd June 2023 as follows:
Q1. The number of digital forensic examinations carried out by in-house, police forensic services in the past 12 months or similar reporting period
Q2. The number of digital forensic examinations carried by outside laboratories and/or outside forensic science services in the same period
Q3. The names of any digital forensic laboratories and/or outside forensic science services used
Q4. The current backlog of digital forensic examinations
Q5. The number of Forensic Science Activities, in accordance with the Forensic Science Regulator Act 2021, that you are / are not currently accredited to deliver
Q6. The number of Forensic Science Activities completed in laboratories which are not accredited to ISO 17025
Please find the Warwickshire Police response set out below.
Q1 response: 1,984. Please note that Warwickshire Police Forensic Services are delivered by West Midlands Police; however, some provision is retained within Warwickshire, and the number provided represents a combination of examinations carried out under West Midlands provision as well as by the Warwickshire kiosks.
Q2 response: 27
Q3 response: Section 1 of the Freedom of Information Act 2000, 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.
When refusing to provide such information, because the information is exempt, Section 17 of the Freedom of Information Act 2000 requires Warwickshire Police to provide you, 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(s) applies.
Warwickshire Police Forensic Services are delivered by West Midlands Police. In regard to the names of any digital forensic laboratories used by them, I can confirm that the requested information is held, however it is exempt from disclosure by virtue of the following exemption:
Section 31(1)(a)(b) – Law Enforcement
Section 31 of the Freedom of Information Act 2000 provides an exemption from disclosure if the release of information would, or would be likely to, prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, or the administration of justice. It is a prejudice-based qualified exemption and as such, there is a requirement to evidence the harm disclosure would cause and to carry out a public interest test.
Harm
The Harm Test process requires Warwickshire Police to consider any possible harm that might arise as a result of placing the requested information into the public domain. This process considers the potential harm to:
- Individuals
- The community as a whole
- Warwickshire Police Force and the wider policing service
- Other bodies
Policing is an information-led activity, and information assurance (which includes information security) is fundamental to how the Police Service manages the challenges faced. In order to comply with statutory requirements, the College of Policing Authorised Professional Practice for Information Assurance, has been put in place to ensure the delivery of core operational policing. It provides appropriate and consistent protection for the information assets of member organisations, which can be reviewed via the below link:
https://www.app.college.police.uk/app-content/information-management/
Commercial Forensic Service Providers are vitally important in the Criminal Justice system. Not only do they play a crucial role by supporting UK policing with backlogs in the digital forensics arena, but they provide defence teams with access to independent forensic experts to support their clients.
Whilst not in any way questioning the motives of the applicant, it must be taken into account, when considering potential harm, that a disclosure under the Freedom of Information Act 2000, is made to the world at large, rather than as a private correspondence. Specific details of any forensic service providers used by West Midlands Police, as part of the provision of Forensic Services for Warwickshire Police, would be extremely useful to those involved in criminality, as it would enable them to create a map of those most used by police forces. Forensic Service Providers can be targeted by malicious actors, for example, in 2019, Eurofins (one of the UKs largest FSPs) suffered a highly sophisticated ransomware attack, which severely disrupted UK policing and the Criminal Justice System.
https://www.helpnetsecurity.com/2019/06/24/eurofins-ransomware-attack/
By providing a list of forensic service providers, force by force, a malign individual could identify those most critical to the law-and-order sector and specifically target those providing the most assistance. This would have a huge impact on the effective delivery of operational law enforcement, as it would leave companies open to further cyberattacks, which could have devastating consequences for law enforcement.
Section 31 - Factors Favouring Disclosure
Confirming the names of Forensic Service Providers would be of interest to the public, namely give insight into the forensic processes used to solve crimes.
Section 31 - Factors Against Disclosure
Measures are put in place to protect the communities we serve, and, as evidenced within the harm, to provide a detailed list of Forensic Service Providers would allow individuals intent on disrupting law enforcement to target specific companies, using the information obtained to maximise the impact.
Taking into account the current security climate within the UK, and the recent Eurofins cyber-attack, no information which may aid criminality should be disclosed where it would have an impact on a force’s ability to carry out their core duty of enforcing the law and serving the community.
The public entrust the Police Service to make appropriate decisions with regard to their safety and protection, and the only way of reducing risk is to be cautious with what is placed into the public domain.
Balance Test
Warwickshire Police is charged with enforcing the law, preventing and detecting crime and protecting the communities it serves. In order to effectively and robustly carry out those duties, external services are utilised which are vital to investigating criminal activity. Weakening the mechanisms used to investigate any type of criminal activity, would have a detrimental impact on law enforcement as a whole. To provide the names of any Forensic Service Providers used by West Midlands Police, as part of the provision of Forensic Services for Warwickshire Police, despite the known risks of cyber-attacks, would undermine public trust and confidence. Therefore, at this moment in time, it is our opinion that the balance test favours against disclosure of the requested information.
Q4 response: 293
Q5 & Q6 response: As previously mentioned, Warwickshire Police Forensic Services are delivered by West Midlands Police; therefore, Warwickshire Police do not hold any information in relation to these questions.
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