Cognyte Technologies

Request Number: FOI/15771

Category: Finance and Procurement - Procurement

Subject: Cognyte Technologies

Request and Answer:
In relation to request number FOI/15771 Police Service of Northern Ireland is providing an NCND response and will explain this further in the response below.

Question 1
Does the PSNI hold any information relating to Cognyte Technologies?

Question 2
Has the PSNI made any payments to Cognyte Technologies in any of the last five years?

Question 3
If so, please provided details of payments made and services/equipment purchased.

Answer
In accordance with the Act, this letter represents a Refusal Notice for this particular request. The Police Service of Northern Ireland can neither confirm nor deny that it holds the information you have requested.

Section 1 of the Freedom of Information Act 2000 (FOIA) 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 the request is held. The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held.

Where exemption/s are relied upon Section 17(1) of FOIA requires that we provide 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 applies.

The Police Service of Northern Ireland (PSNI) can Neither Confirm Nor Deny that it holds the information relevant to your requests as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemptions:

Section 24(2) National Security – The duty to confirm or deny does not arise if, or to the extent that, exemption from section 1(1) (a) is required for the purpose of safeguarding national security.

Section 31(3) – Law Enforcement: The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would or would be likely to, prejudice any of the matters mentioned in subsection (1).

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.

‘Neither Confirm nor Deny’ (NCND)
There may be occasions when complying with the duty to confirm or deny under section 1(1)(a) would in itself disclose sensitive or potentially damaging information that falls under an exemption. In these circumstances, the Act allows a public authority to respond by refusing to confirm or deny whether it holds the requested information.

The decision to issue a ‘neither confirm nor deny’ response is not affected by whether we do or do not hold the information but relates to the consequences of confirming or denying the information is held. The starting point and main focus in most cases will be theoretical considerations about the consequences of confirming or denying that a particular type of information held. The decision to neither confirm nor deny is separate from a decision not to disclose information and needs to be taken entirely on its own merits.

PSNI follow the information Commissioner’s Guidance in relation to ‘NCND’ and you may find it helpful to refer to this at the following link:

https://ico.org.uk/for-organisations/foi/guide-to-managing-an-foi-request/exemptions/

Section 24 is a qualified exemption and as such there is a requirement to evidence any harm in confirmation or denial that any other information is held, as well as consider the public interest.

Section 31 being prejudice based and qualified there is a requirement to articulate the harm that would be caused in confirming or not whether information is held as well as carrying out a public interest test. 

Harm for NCND
Confirming or Denying whether information is held about specific technology suppliers, particularly those potentially linked to data analysis, geospatial crime mapping or surveillance could assist individuals or groups looking to undermine the PSNI as well as UK law enforcement in general and national security agencies.

Such confirmation or denial could reveal whether particular products or technologies are in use, therefore providing hostile actors with valuable insight into the technical capabilities and methodology employed to protect the general public and national security interests.

Furthermore, confirming or denying whether or not the PSNI holds information about a particular technology provider could compromise the effectiveness of policing tactics, investigative techniques and crime prevention strategies. It could also reveal areas of vulnerability which could be exploited by those intent on committing a crime.

Public Interest Test
Factors Favouring Confirmation or Denial – Section 24(2)
Confirmation or denial 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. Reassures the public that PSNI is engaging appropriately with external providers and adhering to procurement standards.

Factors Against Confirmation or Denial - Section 24(2)
Confirming or denying whether information is held could assist those wishing to exploit policing or national security systems. Disclosure could potentially reveal whether certain technologies or products are or are not being used. This could lead to the exposing of operational capabilities or vulnerabilities. It is in the publics interest in to ensure that policing and national security measure remain effective and remain secure. Maintaining a NCND approach prevents the compromise of national safety and work of security bodies, helping with keeping the public safe in turn.

Section 24 - Balancing/Decision
While there is always going to be public interest in transparency regarding public expenditure and partnerships, this is outweighed by the public interest in safeguarding national security. Disclosing, or confirming or denying, whether such information is held would likely prejudice national security and potentially expose PSNI, and other security bodies, to security threats. On this occasion the PSNI considers the balance of the public interest very strongly favours maintaining the NCND.

However, this should not be taken as conclusive evidence that the information you requested exists or does not exist.

Factors Favouring Confirmation or Denial - Section 31(3)
Confirming or denying whether any information is held would provide an insight into the police service. This would enable the public to have a better understanding of the effectiveness of the police. 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.

Factors Against Confirmation or Denial - Section 31(3)
By confirming or denying whether information is held could compromise law enforcement tactics which would hinder the prevention and detection of crime and impact on police resources which may need to be increased to reassure the public and protect the surrounding community. This would result in more risk to the public and consequently require the use of more police resources. Confirming or denying whether any information is held could enable offenders to identify policing capabilities or gaps in technology use, aiding criminal activity.

Section 31 – Balancing/Decision
The points above highlight the merits of confirming, or denying, whether any information pertinent to this request exists. The Police Service of Northern Ireland is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve While the PSNI recognises the public interest in openness and transparency, this must be balanced against the need to protect law enforcement capabilities. Therefore, at this moment in time, it is our opinion that for these issues the balance test for confirming nor denying that information is held is appropriate.

However, this should not be taken as conclusive evidence that the information you requested exists or does not exist.