FOI 17388-25 - LEDS

Request:

Please provide the following information, where possible, regarding the new NLEDS (National Law Enforcement Data Service) which, per your website, Northamptonshire Police now use:

1. Any training manuals, handbooks, or guidance materials issued to staff regarding the use of NLEDS.
2. Any briefing documents, presentations, or explanatory material provided to staff about NLEDS.
3. Any internal documentation or procedures relating to the new roll out, operation or use of NLEDS

Response:

Section 17 of the Freedom of Information Act 2000 requires Northamptonshire Police, when refusing to provide information (because the information is exempt), to provide the applicant with a notice which:

(a) states that fact,
(b) specifies the exemption in question and
(c) states (if that would not otherwise be apparent) why the exemption applies.

The exemptions applicable to the information requested are:

S24(1) – National Security

S31(1)(a) – Law Enforcement

Evidence of Harm

Disclosures under the Freedom of Information Act are considered to be a release to the world; once the information is published, the public authority has no control over what use is made of that information. By providing a response to one person, we are expressing a willingness to provide the same response to anyone, including those who might wish to pose a threat to the UK.

It is essential that police systems are secure as they contain a variety of information that relates to policing activities, including investigations, police intelligence and personal information. Attacks against them could take the form of data theft, denial of service and other deliberate disruptions. This would have the effect of reducing the ability of the police to undertake relevant activities.

By sharing this information, there would be an increased risk of a security compromise caused by a malicious act against our infrastructure. Should such an attack be successful, it would potentially lead to direct harm to the public as a result of the police not being able to access systems and data. A compromise of policing data could also result in sensitive information being released into the public domain.

Public Interest Test

Factors favouring disclosure for S24

The public are entitled to know how public funds are spent and to disclose the requested information would allow the public to better understand where money is being spent. It would help the public know that the police use modern tools to carry out their work, which would increase public knowledge of, and trust in, modern policing.

Factors favouring non-disclosure for S24

To disclose this data would render the system vulnerable. Malicious actors may use the information disclosed to target their attacks against national policing infrastructure. Malicious actors could identify vulnerabilities both in the system itself and in the types of information recorded on LEDS. This could compromise the security of the system and increase the risk of harm to the public. Knowing what information is held and how it might be used could allow criminals to plan their crimes in a way that increases their chances of going undetected.

Factors favouring disclosure for S31

To disclose the requested data would allow the public to understand that the police are committed to using modern systems to prevent and investigate crime. This would enable the public to have a better understanding of the efficiency of the police in carrying out their law enforcement role and demonstrate Northamptonshire Police’s commitment to openness and transparency.

Disclosure would make members of the public more aware of the role of the police and the information they collect. There is public interest in understanding how the police use the information available to them, including personal data. This would help the public to understand what data is collected and how it is used.

Factors favouring non-disclosure for S31

The police are reliant upon all manner of tools and techniques and the public release of details about these tools would prejudice the ability of the police to perform the functions they exist to provide. Disclosure of specific tools would compromise forces’ ability to protect the public. Disclosing national policing capabilities would provide persons intent on disrupting policing work with information that would assist them to do so. The safety of the public is of paramount importance to policing purposes, and any increase in crime would place the public at risk of harm.

The release of this information could compromise law enforcement tactics which would hinder forces’ ability to prevent and detect crimes. The threat of crime will increase as more crimes are committed as a result of criminals gaining knowledge about the capabilities of LEDS and therefore the public will be placed at a greater risk. Furthermore, a fear of crime will be realised, as criminals identify areas of police focus and vulnerability and target and exploit these areas, resulting in the public being in fear of more crime occurring.

Balancing Test

To disclose the requested documents relating to LEDS would begin to reveal the inner workings of the system, potentially exposing vulnerabilities that individuals could exploit to criminal ends.

The security of the country is of paramount importance and Northamptonshire Police will not divulge information if to do so would undermine national security or compromise law enforcement. Whilst there is a public interest in the transparency of policing operations and providing assurance that the police are utilising modern tools to appropriately and effectively engage with the threat posed by modern crime, there is a very strong public interest in safeguarding both national security and law enforcement.

As much as there is public interest in knowing that policing activity is appropriate and balanced in matters of national security this will be overridden in exceptional circumstances. LEDS use and capabilities are sensitive issues of intelligence value to criminals and therefore it is our opinion that for these issues the balancing test for disclosing the requested information would not be in the public interest.