FOI 0925-2023/24- Police National Database searches

Request:

I am writing to request the following information relating to your use of facial recognition database searches, for each of the Police National Database, passport database, DVLA database, immigration database and EU Settled Status Database:
Q1. A copy of the legal mandate for facial recognition searches against each of these databases
Q2. A copy of any data protection impact assessment made for searching each of these databases
Q3. A copy of any document setting out the threshold [e.g indictable offence, notifiable offence] before these databases can be searched
Q4. The name of the manufacturer of the software used in each search, if known

Response: 

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 located information to you.

Q1. North Yorkshire Police hold a copy of the Code of Practice.

The information sought is already available in the public domain through the following link: 
Code of Practice On the Operation and Use of the Police National Database (publishing.service.gov.uk)

I have therefore decided to exempt providing you with a response to Q1 pursuant to Section 21 Freedom of Information Act 2000 (the Act).

Q2. North Yorkshire Police do not hold any information in relation to this question. Please be advised that the NPCC will be publishing a DPIA in due course.

Q3. Please refer to question 1, PND codes of practice directs searches can only be made for a policing purpose.

Q4. The software manufacturer is COGNITEC.

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.

Section 21 – Information Reasonably Accessible by Other Means

Section 21 is an absolute class based exemption and I am not required to consider the harm or public interest when applying this exemption.

Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to 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.