2022/25357 - Use of Drones in the UK
REQUEST
In 2020, as part of research into the Police use of drones, Drone Wars sent Freedom of Information Access Requests to 48 police services across the UK. Of the 42 that responded, 40 UK police forces confirmed they were using drones -- 95% of respondents, or 83% of those FOIAed. According to these FoI responses, as of 2020, there were at least 288 drones operated by police forces across the UK. In the first 6 months of 2020, there were more than 5,500 overt uses of drones by the police within the UK.
In 2021, it was reported by the Guardian (https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.theguardian.com%2Fuk-news%2F2021%2Ffeb%2F14%2Fdrones-police-england-monitor-political-protests-blm-extinction-rebellion&data=05%7C01%7CFOI%40gwent.police.uk%7C560fbe0617d94077c0ef08da73c574dc%7Ce46c8472ef5d4b63bc744a60db42c371%7C0%7C0%7C637949589150842608%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=yMYXwBwSmLFB2gkCrfswP7fJ%2FDAKP4A0O9gF2UnCV6U%3D&reserved=0) that drones were used by police to monitor political protests in England. The Surrey, Cleveland, Staffordshire, Gloucestershire and West Midlands police forces said they had used drones at Black Lives Matter protests.
Further, on the 16th March 2021 the Mayor of London confirmed that "drones have been deployed by the Metropolitan Police Service] for coverage of crime scenes, providing aerial support for pre-planned operations, surveying premises and providing live footage of operational deployments to assist command decision making and therefore support a wider policing plan".
**** is also aware of drones being obtained by other public authorities such as Border Force (https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.independent.co.uk%2Fnews%2Fuk%2Fhome-news%2Fbritish-army-channel-crossings-migrants-drone-monitor-a9696956.html&data=05%7C01%7CFOI%40gwent.police.uk%7C560fbe0617d94077c0ef08da73c574dc%7Ce46c8472ef5d4b63bc744a60db42c371%7C0%7C0%7C637949589150842608%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=10jyyuPiu5yR%2FnaGpxosB%2BUtG8E7PuoT%2F4QAPDNZyGg%3D&reserved=0) and the UK Maritime and Coastguard Agency (https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.wired.co.uk%2Farticle%2Fenglish-channel-migrants-drones&data=05%7C01%7CFOI%40gwent.police.uk%7C560fbe0617d94077c0ef08da73c574dc%7Ce46c8472ef5d4b63bc744a60db42c371%7C0%7C0%7C637949589150842608%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=vD8gANTaINsAGbLgSE0YN3XfsSFRQHEf9kaiIgJbR30%3D&reserved=0).
It is suspected that drones are being deployed to monitor migration at UK borders. In 2020, it was reported that drones sold by Portugese company Tekever were seen flying over the English Channel.
(https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.wired.co.uk%2Farticle%2Fuk-drones-migrants-english-channel&data=05%7C01%7CFOI%40gwent.police.uk%7C560fbe0617d94077c0ef08da73c574dc%7Ce46c8472ef5d4b63bc744a60db42c371%7C0%7C0%7C637949589150842608%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FQ0O%2Fr2FtV8rsnKN6b1TNxHtj%2F938A3AjN6MQ2Fy3z4%3D&reserved=0). **** would also highlight a recently published procurement exercise by the Home Office for the future use of drones by Clandestine Channel Threat Command. (https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.contractsfinder.service.gov.uk%2Fnotice%2Fd198a89c-6225-422b-a3a7-91d94cdad0cd%3Forigin%3DSearchResults%26p%3D1&data=05%7C01%7CFOI%40gwent.police.uk%7C560fbe0617d94077c0ef08da73c574dc%7Ce46c8472ef5d4b63bc744a60db42c371%7C0%7C0%7C637949589150842608%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=yhNZXaa%2Fzis%2F0JzgqcsqJGjUgiCHqeW2I9TThCe79Hw%3D&reserved=0).
In light of the above information, please can you confirm the following:
- If you are using drones for surveillance purposes, on which legal basis do you rely for the collection and storage of data collected by drones?
- Please provide us with information regarding what payloads could be fitted onto the drones, such as the type of cameras, sensors or other tools that you have previously fitted onto the drones.
- Please confirm if any of the drones have been or can be combined with facial recognition technology?
- Please provide us with the following:
- a) any guidance and/or policy you are relying on for the deployment of drones
- b) Data Protection Impact Assessment (DPIA) in relation to the use of drones if one has been completed.
- Please confirm which private companies you have used for the procurement of drones.
RESPONSE
- If you are using drones for surveillance purposes, on which legal basis do you rely for the collection and storage of data collected by drones?
In relation to covert use
Section 23 is an absolute class-based exemption and there is no requirement to conduct a harm or public interest test.
Sections 24, and 31 are prejudice based qualified exemptions and there is a requirement to articulate the harm that would be caused in confirming or denying that any other information is held as well as carrying out a public interest test.
Evidence of Harm
As you will be aware, disclosure under FOIA is a release to the public at large. Whilst not questioning the motives of the applicant, confirming or denying that any other information is held regarding the use of drones for covert purposes, would show criminals what the capacity, tactical abilities and capabilities of the force are, allowing them to target specific areas of the UK to conduct their criminal/terrorist activities. Confirming or denying the specific circumstances in which the police service may or may not deploy drones, would lead to an increase 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, and it is well established that police forces use covert tactics and surveillance to gain intelligence in order to counteract criminal behaviour. As such, 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 that Gwent Police hold any other information in relation to covert use of drones, or unmanned aerial devices, would limit operational capabilities as criminals/terrorists would gain a greater understanding of the police forces’ methods and techniques, enabling them 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
Factors favouring Confirming or Denying for Section 24
Any further information, if held simply relates to national security and confirming or denying whether it is held would not actually harm it. The public are entitled to know what public funds are spent on and what security measures are in place, and by confirming or denying whether any other information regarding the covert use of drones is held, would lead to a better informed public.
Factors favouring Neither Confirming Nor Denying for Section 24
By confirming or denying whether any other information is held would render Security measures less effective. This would lead to the compromise of ongoing or future operations to protect the security or infra-structure of the UK and increase the risk of harm to the public.
Factors favouring Confirming or Denying for Section 31
Confirming or denying whether any other information is held regarding the covert use of drones would provide an insight into Gwent police. This would enable the public to have a better understanding of the effectiveness of the police and about how the police gather intelligence. It would greatly assist in the quality and accuracy of public debate, which could otherwise be steeped in rumour and speculation. Where public funds are being spent, there is a public interest in accountability and justifying the use of public money.
Some information is already in the public domain regarding the police use of this type of specialist equipment and confirming or denying whether any other information is held would ensure transparency and accountability and enable the public to see what tactics are deployed by the Police Service to detect crime.
Factors against Confirming or Denying for Section 31
Confirming or denying that any other information is held regarding the covert use of drones for maritime/border surveillance would have the effect of compromising law enforcement tactics and would also hinder any future investigations. In addition, confirming or denying methods used to gather intelligence for an investigation would prejudice that investigation and any possible future proceedings.
It has been recorded that FOIA releases are monitored by criminals and terrorists and so to confirm or deny any other information is held concerning specialist covert tactics would lead to law enforcement being undermined. The Police Service is reliant upon all manner of techniques during operations and the public release of any modus operandi employed, if held, would prejudice the ability of the Police Service to conduct similar investigations.
By confirming or denying whether any other information is held in relation to the use of drones would hinder the prevention or detection of crime. Gwent Police would not wish to reveal what tactics may or may not have been used to gain intelligence as this would clearly undermine the law enforcement and investigative process. This would impact on police resources and more crime and terrorist incidents would be committed, placing individuals at risk. It can be argued that there are significant risks associated with providing information, if held, in relation to any aspect of investigations or of any nation's security arrangements so confirming or denying that any information is held, may reveal the relative vulnerability of what we may be trying to protect.
Balance test
The security of the country is of paramount importance and Gwent Police will not divulge whether any information is or is not held regarding the use of drones if to do so would place the safety of an individual at risk, undermine National Security or compromise law enforcement.
Whilst there is a public interest in the transparency of policing operations and providing assurance that Gwent Police is appropriately and effectively engaging with the threat posed by various groups or individuals, there is a very strong public interest in safeguarding the integrity of police investigations and all areas of operations carried out by police forces throughout the UK.
As much as there is public interest in knowing that policing activity is appropriate and balanced this will only be overridden in exceptional circumstances. The use of drones in any covert capacity is a sensitive issue that would reveal police tactics and therefore it is our opinion that for these issues the balancing test for confirming or denying whether any information is held regarding the use of drones is not made out.
However, this should not be taken as necessarily indicating that any information that would meet any future request exists or does not exist.
- Please provide us with information regarding what payloads could be fitted onto the drones, such as the type of cameras, sensors or other tools that you have previously fitted onto the drones.
Gwent Police UAV are capable of thermal imagery, optical imagery, lighting and speakers.
- Please confirm if any of the drones have been or can be combined with facial recognition technology?
No
- Please provide us with the following:
- a) any guidance and/or policy you are relying on for the deployment of drones
- b) Data Protection Impact Assessment (DPIA) in relation to the use of drones if one has been completed.
- a) and b)
The exemption applicable to the information you have requested for this question can be found at Section 31 – Law Enforcement, of the Act and this refusal notice is issued under Section 17.
Overall Harm
The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. Modern-day policing is intelligence led and in this particular subject area the intelligence changes on a day-by-day basis.
Disclosure of the requested information would reveal current tactics and capabilities which has the potential to seriously undermine effective law enforcement.
Factors favouring Disclosure for Section 31
Disclosure of this information would provide a better awareness which may reduce crime or lead to more information from the public and it would enable them to take measures in order to protect themselves and their families.
This would enable the public to have a better understanding of the effectiveness of the police and about how the police gather intelligence. It would greatly assist in the quality and accuracy of public debate, which could otherwise be steeped in rumour and speculation. Where public funds are being spent, there is a public interest in accountability and justifying the use of public money.
Disclosing information regarding the police use of this type of specialist equipment would ensure transparency and accountability and enable the public to see what tactics are deployed by the Police Service to detect crime.
Factors favouring Non-Disclosure for Section 31
To break this information down to the level requested, will divulge policing tactics in as much as it will be clear to see for which offences the police use drones to aid with their investigations. This may then lead to those wishing to commit certain crimes to change their behaviours to avoid detection thus undermining the Police’s capabilities of preventing and detecting crime.
It has been recorded that FOIA releases are monitored by criminals and terrorists and so to disclose this information concerning specialist tactics would lead to law enforcement being undermined. The Police Service is reliant upon all manner of techniques during operations and the public release of any modus operandi employed, if held, would prejudice the ability of the Police Service to conduct similar investigations.
Gwent Police would not wish to reveal what tactics may or may not have been used to gain intelligence as this would clearly undermine the law enforcement and investigative process. This would impact on police resources and more crime and terrorist incidents would be committed, placing individuals at risk. It can be argued that there are significant risks associated with providing information of any nation's security arrangements so that any information disclosed may reveal the relative vulnerability of what we may be trying to protect.
Balancing Test
The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. These roles are of paramount importance and the Police Service will not divulge information if to do so would place the safety of an individual at risk or undermine the prevention or detection of crime.
The security of the country is of paramount importance and Gwent Police will not divulge whether any information held regarding the use of drones if to do so would place the safety of an individual at risk, undermine National Security or compromise law enforcement.
As much as there is public interest in knowing that policing activity is appropriate and balanced this will only be overridden in exceptional circumstances. The use of drones in any capacity is a sensitive issue that would reveal police tactics and therefore it is our opinion that for these issues the balancing test for confirming or denying whether any information is held regarding the use of drones is not made out.
Therefore, at this moment in time, it is our opinion that for these issues the balancing test for disclosure for questions is not made out.
However, this should not be taken as necessarily indicating that any information that would meet any future request exists or does not exist.
- Please confirm which private companies you have used for the procurement of drones.
Coptrz Ltd