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Request
Internal Procedures for Using ANPR in Vehicle Stops:
Q1. What specific internal policies or procedures are followed by North Yorkshire Police officers when using ANPR to stop vehicles (cars, motorcycles, vans, etc.) on public roads? Under what circumstances is ANPR used to initiate or support a vehicle stop?
Q2. Are there any specific instructions or protocols for officers when manually entering information (e.g., number plate details) into the ANPR system?
Q3. How does the force handle situations where the ANPR system is unable to read or retrieve information (such as number plates), or when manual input is required?
GDPR Compliance:
Q4. How does North Yorkshire Police ensure compliance with the General Data Protection Regulation (GDPR) when using ANPR to collect, process, and store vehicle-related data?
Q5. What measures are in place to ensure that personal data collected by ANPR is processed lawfully, securely, and transparently?
Q6. What is the retention period for ANPR data, and what processes are followed for its secure storage, access, and eventual deletion?
Q7. Does North Yorkshire Police rely on automated decisions made through the ANPR system (for example, in identifying vehicles or issuing fines)? If so, how does the force comply with Article 22 of the GDPR concerning automated decision-making and individuals' rights to avoid decisions based solely on automated processing?
Internal Policies and Training:
Q8. Please provide any internal policies, procedures, or training materials that govern the use of ANPR within North Yorkshire Police, including any related to the integration of ANPR with other law enforcement systems or data-sharing protocols.
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 some of the located information to you.
Q1. North Yorkshire Police have ANPR Policy and Procedures in place in relation to the use of ANPR. ANPR notifies users of vehicles of interest.
Q2. Only a small number of users within the Force Control Room & ANPR Hub/Tech Support have this ability. Specific instructions are given to relevant staff to ensure that ANPR is being used for a lawful policing purpose and that any markers and searches are both necessary and proportionate. Information entered should include the collar number of the person requesting the marker or search, any related occurrence/incident number or directed surveillance authority and reasons the vehicle is of interest.
Q3. ANPR cameras meet the requirements of the National ANPR Service Technical Specifications and have the capability to record images of vehicles passing within the field of view. Where no VRM is identified by the system, ‘QQQQQQQ’ is recorded within the VRM field. In relation to manual inputs see response to Question 2.
Q4-5. ANPR operated by North Yorkshire Police forms part of the National ANPR Service which is covered by a Data Protection Impact Assessment (DPIA). Access and use are managed in line with the National ANPR Standards for Policing & Law Enforcement. Annually the force completes a self-assessment tool prepared by the Surveillance Camera Commissioner to see how well we comply with the 12 guiding principles of the Surveillance Camera Code of Practice. An audit process is also in place to ensure that the use of ANPR is for a lawful policing purpose.
Further information in response to Question 5 can be found using the below link:
Automatic Number Plate Recognition (ANPR) | North Yorkshire Police
Q6. On our National ANPR Service Camera Management Server, data is retained locally for a period of 7 days and is then automatically deleted. Data stored within NAS is retained for a period of 12 months unless preserved under the provisions of the Criminal Procedure and Investigations Act 1996.
Q7. No.
Q8. I am exempting disclosure of this information pursuant to Section 31 of the Freedom of Information Act 2000 (the Act). Please see the exemption explanation below.
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 31 – Law Enforcement
Section 31 is a prejudice-based qualified exemption and there is a requirement to articulate the harm as well as carrying out a public interest test.
Evidence of Harm
As you may be aware, disclosure under FOIA is a release to the public at large. Whilst not questioning the motives of the applicant, releasing any information around internal policies, procedures, or training materials that govern the use of ANPR within North Yorkshire Police would allow criminals to note what capacity and tactical capabilities the force had, allowing them to target specific areas of the UK to conduct their criminal/terrorist activities. This would lead to an increase in harm of attacks and compromise Law Enforcement. This 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.
The threat from terrorism cannot be ignored. It is generally recognised that the international security landscape is increasingly complex and unpredictable. Releasing tactical information on the use of ANPR would hinder operational capabilities as criminals/terrorists would gain a greater understanding of the police’s resources, enabling them to take steps to counter them. It may also suggest the limitations of police capabilities in across the county, which may further encourage criminal/terrorist activity by exposing potential vulnerabilities. This detrimental effect is increased if the request is made to several different law enforcement bodies.
Information that undermines the operational integrity of the police will adversely affect public safety and have a negative impact on both national security and law enforcement.
Factors favouring disclosure under Section 31
Releasing internal policies, procedures, or training materials that govern the use of ANPR would provide an insight into the police resources and enable the public to have a better understanding of the effectiveness of the police.
It would show how public funds are being spent in relation to protecting the public.
Information would ensure transparency and accountability and enable the public to see what tactics are deployed by the Police Service to tackle/assist in fighting crime.
Factors against disclosure under Section 31
It has been recorded that FOIA releases are monitored by criminals and terrorists and so releasing this information would undermine and compromise law enforcement and it would also hinder any local, regional or national operations.
It can be argued that there are significant risks associated with providing information in relation to any aspects that can assist criminal planning and that any nation’s security arrangements, by releasing the information, may reveal the relative vulnerability of what we may be trying to protect.
The Police Service would not wish to reveal resource information that would undermine the law enforcement operations and would impact on police resources, as more crime would be committed because criminals/terrorists would know which forces had less/more capability. This in turn would place the public at a greater risk and a fear of crime would be realised, especially for more vulnerable areas.
Balance test
The security of the public and the country is of paramount importance and the Police service will not divulge the resources, if to do so would place the safety of individuals at risk, due to providing freely available (single point) information under such requests and which in turn would undermine National Security or compromise law enforcement.
Whilst there is a public interest in the transparency of policing resources and providing assurance that the police service is appropriately prepared and effectively engaging with the threat posed by various groups or individuals, there is a very strong public interest in safeguarding the integrity of police resources and operations in the highly sensitive areas such as extremism, crime prevention, public disorder and terrorism prevention.
As much as there is public interest in knowing that policing activity is appropriate and balanced this will only be overridden in exceptional circumstances. It is our opinion that for these issues the balancing test for exempting your request for planning information is not made out.
Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to part 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.