Use of BriefCam and AI-Based Video Analytics

Request Number: FOI/14138

Category: Finance and Procurement – Software Contacts Procurement

Subject: Use of BriefCam and AI-Based Video Analytics

Request and Answer: 

In relation to request number FOI/14138 Police Service of Northern Ireland is providing an NCND response and will explain this further in the response below.

Request

I am submitting this request under the Freedom of Information Act 2000. I would like to request the following information regarding the use of Brief Cam video analytics software and AI-based surveillance tools by your constabulary:

Request 1

Does your force currently use or has it previously used BriefCam video analytics software?

    a) If yes, in what capacity has it been used (object tracking, video summarization, facial recognition)?

    b) If yes, please provide the date of the start (and of the end if relevant) of use.

    C) Has your force trialled or tested BriefCam? If so, when did the trials begin, and what were the objectives?

Request 2

Has your force entered into any contracts or agreements related to BriefCam software?

    a) If yes, please provide the total cost of any purchases or subscriptions since January the 1rst 2020.

Request 3

Has your force used any video analytics software capable of facial recognition, object tracking, or crowd monitoring? 

    a) If so, which ones?

Request 4

Has your force trialled or tested any AI-based surveillance tools since January the 1rst 2022?

    a) If so, please provide any available reports, evaluations, or risk assessments related to these trials.

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 request as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemption(s):

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). 

Section 38(2) - Health & Safety - The duty to confirm or deny does not arise if, or to the extent that, compliance with Section 1 (1)(a) would or would likely endanger the safety of an individual.

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 is 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/guidance-index/freedom-of-information-and-environmental-information-regulations/when-to-refuse-to-confirm-or-deny-holding-information/
 

NCND Exemptions Explained

Section 31 and 38 are prejudice-based, qualified exemptions which means the public authority must 

demonstrate the harm in confirming or denying that the information exists and carry out a Public Interest Test.

Harm for NCND

The release of information under Freedom of Information (FOI) is 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 the information is shared with other individuals, therefore a release under FOI is considered a disclosure to the world in general.

The Police Service is committed to demonstrating openness and accountability, however, if the Police Service were to either confirm or deny that information exists relevant to your request this could provide important information to those intent on criminal activity. Confirmation or denial may expose tools, techniques and solutions currently or previously in use by PSNI and could seriously compromise and significantly weaken police tactics resulting in an increased risk to members of the public. 

Public Interest Test 

Factors Favouring Confirmation or Denial - Section 31(3) 

Confirming or denying whether the requested information is held would enable the public to have a better understanding of the type of policing tools that are employed by the PSNI in carrying out their law enforcement role. This would give more confidence to the public that we are using (or, as the case may be, not using) policing tools to help us detect and prevent crime appropriately.

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. Vulnerable areas within the PSNI could be identified by disclosure leading to more criminal activity and placing the public in harm’s way. 

Factors Favouring Confirmation or Denial – Section 38(2) 

Confirmation or denial of the existence of the information would allow for better informed public awareness and would assist the public in ensuring openness and transparency.

Factors Against Confirmation or Denial – Section 38(2) 

Confirmation or denial of this information could lead to the loss of public confidence in PSNI’s ability to protect the wellbeing of any individual(s). Due to the nature of the work of the PSNI, to provide a confirmation or denial of this information may endanger the safety of persons affiliated with any third-party provider.

Balancing Test/Decision

When balancing the public interest it is necessary to consider the release of the requested information into the public domain. The public interest is not what interests the public, but what would be of tangible benefit to the public as a whole.

Confirmation or denial of whether the PSNI hold any information would amount to a release of information. Information should not be released, if it is likely to have a detrimental effect on the health and safety of any individual. 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. Whilst there is a public interest in the openness and transparency of the PSNI, there is a strong public interest in safeguarding members of the public and the ability of the police service to protect individuals. 

Furthermore, confirming or denying if the PSNI uses any video analytics software could compromise law enforcement. The effective delivery of operational law enforcement takes priority and is at the forefront of PSNI to ensure the prevention and detection of crime is carried out and the effective apprehension or prosecution of offenders is maintained, whilst safeguarding victims of crime. Weakening the mechanisms used to monitor and investigate any type of criminal activity and specifically terrorist activity would place the security of the country at an increased level of danger.

If it exists, disclosure of any information 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. Additionally, the PSNI will not confirm or deny the existence of any information if this would be likely to endanger the physical or mental health of any individual or the safety of any individual. Therefore it is our opinion that for these requests the balance test favours neither confirming nor denying that information is held.

PSNI considers the information you have requested is exempt by virtue of Neither Confirm nor Deny exemptions which PSNI is entitled to rely upon. However, this should not be taken as conclusive evidence that the information you requested exists or does not exist.