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Request
I would like to make an FOI request in relation to Body Worn Videos products (BWV) / Digital Evidence Management Software (DEMS) / Digital Interview Room (DIR) / Police Vehicle Dashcam and Automatic Number Plate Recognition (ANPR).
Please can you confirm:
Q1. If you are currently utilising any of the listed technologies or a similar technology within the force.
Q2. If not, do you have plans to procure any of these technologies in the future or meet with suppliers of these technologies?
If you are using them, can you please state:
Q3. The current supplier
Q4. The contract value
Q5. Contract Start and End Date
Q6. The contact details of the procurement officer on the contract
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police.
I can confirm that the information you have requested is held by North Yorkshire Police.
Decision
I have today decided to disclose the following information to you.
Q1-6. Please see the table below which includes my response to your request.
|
|
Body Worn Video |
Digital Evidence Management
|
Digital Interview Recording
|
Police Dashcam
|
ANPR
|
|
Q1 |
Reveal Media |
Nice Systems UK Ltd |
Insight Direct UK (David Horn) |
Motorola |
QRO |
|
Q2 |
Exempt – S43(2) |
Exempt – S43(2) |
Exempt – S43(2) |
Exempt – S43(2) |
Exempt – S43(2) |
|
Q3 |
24 March 2025 to 23 March 2030 + 5 x 12 month optional extensions |
1 April 2023 to 31 March 2028 with 4 x 12 month optional extensions |
1 August 2023 to 31 July 2028 |
21 March 2021-31 March 2026 |
21 January 2022 to 20 January 2028
|
|
Q4 |
Exempt – S40(2) |
Exempt – S40(2) |
Exempt – S40(2) |
Exempt – S40(2) |
Exempt – S40(2) |
Exemption Explanation
Section 17 of the Act requires North Yorkshire Police, 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 that would not otherwise be apparent) why the exemption applies.
Q2. Section 43(2) – Commercial Interests
This is a qualified, class based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure. This exemption applies because the disclosure of the requested information would, or would be likely to, prejudice commercial interests.
Public Interest Test
Factors Favouring Disclosure
There is a strong public interest in the efficiency of public sector spending. Releasing the information would provide the public with the knowledge on what the force spend on the subject matter. Disclosure would provide openness, displaying that public funds are being spent correctly and efficiently.
Factors Favouring Non-Disclosure
Disclosure of this information into the public domain would likely deter suppliers from entering future tendering processes and it would put their competition at advantage. This would also impact North Yorkshire Police’s and other force’s ability to conduct fair tendering. Trust would be lost in the forces ability to conduct business and the community would be affected by the force being unable to spend public funds as effectively.
Balancing Test
The disclosure of commercially sensitive information would prejudice the commercial interests of the company involved and may deter them and others from participating in future procurement initiatives. There is a strong public interest against disclosure where that disclosure would be likely to prejudice the Force’s own commercial interests. Disclosure of the information would be likely to adversely affect the bargaining position of North Yorkshire Police during future contractual negotiations relating to current and future contracts which would result in less effective use of public money.
The public interest would not be served where disclosure of commercial information would hinder fair and open competition for public sector contracts. As such the balance is considered in favour of non-disclosure.
Q4. S40(2) – Personal Information
Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.
Section 40(2) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).
This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.
In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure. In this instance, personal information can only be disclosed to the individual concerned.
Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights.
Pursuant to Section 17(1) of the Act this acts as a Refusal Notice in relation to the exempted parts of your request.
Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.