January 14, 2025 | Finance and Procurement , Contracts
Request: FOI-2024-04156 FOI/18
Category: Finance and Procurement - Software Contacts Procurement
Subject: Body Worn Video Supplier
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland does hold information to which your request relates. The decision has been taken not to supply the information you have requested and the reasons for this are set out in more detail below. We have also provided you with links to guidance issued by the Information Commissioner’s Office which we have followed in responding to your request.
Request 1
Who is your current Body Worn Video supplier?
Request 2
Approximately How Many Body Worn Cameras does your force use?
Answers 1 & 2
Section 17(1) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:
a. states that fact,
b. specifies the exemption in question and
c. states (if not otherwise apparent) why the exemption applies.
The exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:
Section 31(1)(a)(b) Law Enforcement
Information which would be likely to prejudice (a) the prevention or detection of crime (b) apprehension or prosecution of offenders.
The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.
Exemption Explained
Section 31 is a qualified and prejudiced based exemption and this means it is the Public Authority’s responsibility to evidence the harm and conduct a public interest test.
Harm
Disclosure of this information into the public domain could be used by those intent on criminal activity for their own purposes, thus adversely affecting the PSNI’s law enforcement role. This would therefore both directly and indirectly impact on the prevention and detection of crime, the apprehension of criminals and increase the fear of crime in the community the police service seeks to serve.
Public Interest Test
Factors favouring disclosure – Section 31
Release of the requested information would lead to a better informed public and would demonstrate openness and transparency. Disclosure could reassure the public that the PSNI are using resources appropriately to enforce the law and ensure individuals are kept safe.
Factors favouring retention – Section 31
Release of information which could compromise PSNI’s law enforcement abilities will not be in the public interest. Information which can educate criminals on police tactics will not assist police with apprehending and prosecuting offenders.
Decision
The PSNI considers that the factors favouring withholding the information are stronger than those in favour of disclosing the requested information. Whilst it is acknowledged that where possible policing matters must be transparent and accountable, the security and effective law enforcement including the development of policing tools and methodologies is important in effective law enforcement. Weakening the mechanisms used to monitor and investigate any type of criminal activity would clearly increase risk.
Whilst there is a public interest in releasing the information requested the PSNI must ensure that law enforcement is not adversely affected by the release of material which reveals its operational methodology or use of tactics.
In this case the public interest favours withholding the information that the PSNI has redacted.
The release of information under the Freedom of Information Act is considered a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how information is shared with other individuals, therefore a release under FOI is considered a release to the world in general.
Request 3
When is your contract for Body Worn Video Cameras up for renew?
Answer
Section 17(1) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:
d. states that fact,
e. specifies the exemption in question and
f. states (if not otherwise apparent) why the exemption applies.
The exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:
Section 43 (2) – Commercial Interests
Information would or would be likely to prejudice commercial interests of any person, including the public authority holding it.
Exemption Explained
Section 43 is a qualified class based exemption and a public interest test is required.
Public Interest Test
Factors Favouring Release
Releasing this information would facilitate the accountability and transparency of public authorities in the spending of public money. There is a keen public interest in how public authorities spend public money and that value for money is achieved. Disclosure would better inform the public of the costs involved.
Factors Favouring Retention
Releasing contract details could disadvantage a company and weaken their ability to tender for future contracts in a competitive market, impacting on future business revenue. The PSNI's commercial interests could also be prejudiced if commercial details were disclosed which would damage the business reputation of the Service. The FOIA does not define commercial interests and the ICO Guidance on the application of s43 suggests that “… a commercial interest relates to a person’s ability to participate competitively in a commercial activity i.e. the purchase and sale of goods or services.”
Disclosure could discourage companies from submitting commercially sensitive information and consequently undermine the ability of the PSNI to procure best value for public funds and to conduct a fair tender competition in the future. To disclose such commercially sensitive information could diminish confidence in the integrity of the public tendering process thus discouraging companies from competing in public sector tenders. A consequence of this would be to reduce the ability of public authorities to obtain value for money in procurement. Obtaining value for money is in the overriding public interest when considering whether to disclose the further information sought
Decision
Release of this information would be likely to harm the process of future tenders and prejudice the commercial interests of the PSNI and the company concerned. A release under Freedom of Information is considered a release into the public domain and would therefore be a release in effect to other competitors. Disclosing information in this matter would provide an advantage to rival businesses and undermine the main contractor’s trading ability to tender for future contracts. If tenderers are discouraged this may adversely affect the quality of tenders for public contracts and this would not be in the public interest.
Whilst accountability surrounding the use of public funds is always a strong argument in favour of releasing information, we have decided that disclosing the information requested would not be in the public interest.
The release of information under the Freedom of Information Act is considered a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how information is shared with other individuals, therefore a release under FOI is considered a release to the world in general.
The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.