FOI Intelligence Logs (1098-2023/24)
Request
Q1. How many intelligence logs in total were created in 2023 by North Yorkshire Police?
Q2. Of these logs, how many are linked to financial investigation or POCA enquiries in 2023 by North Yorkshire Police?
Q3. How many intelligence logs were submitted by the Dedicated Source Handling Team (DSHU/CHIS tactic) in 2023 by North Yorkshire Police?
Q4. Of the logs submitted by the DSHU, how many relate to financial investigation or POCA enquiries in 2023 by North Yorkshire Police?
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. 45,200
Q2, Q3 & Q4. I am exempting any information in relation to Q2, Q3 & Q4 pursuant to S24(2), S30(3) & S31(3). Please see the full 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 24(2) - National Security
Section 30(3) - Investigations and Proceedings conducted by Public Authorities
Section 31(3) - Law Enforcement
Sections 24 & 31 are prejudice based qualified exemptions, both evidence of harm and public interest tests to be carried out.
Section 30 is a class based qualified exemption which means the public interest must be considered.
Overall Harm for NCND
In considering whether or not this information should be disclosed, I have considered the potential harm that could be caused by disclosure.
A Freedom of Information Act request is not a private transaction. Both the request itself, and any information disclosed, are considered suitable for open publication, and as such is a release to the public at large. Whilst not questioning the motives of the applicant, confirming or denying whether North Yorkshire Police has recorded any intelligence relating to financial investigation or POCA enquiries would provide valuable intelligence to terrorists and/or extremists on suspected CT activity by a specific police force.
Modern day policing is intelligence led and this is particularly pertinent with regard to both law enforcement and national security. The public expect police forces to use all powers and tactics available to them to prevent and detect crime or disorder and maintain public safety.
The threat from terrorism cannot be ignored. It should be recognised that the international security landscape is increasingly complex and unpredictable. The UK faces a sustained threat from violent terrorists and extremists. Since 2006, the UK Government have published the threat level, based upon current intelligence and that threat has remained at the second highest level, ‘severe’, except for two short periods during August 2006 and June and July 2007, when it was raised to the highest threat, ‘critical’, and in July 2009, when it was reduced to ‘substantial’. The current threat level to the UK is ‘substantial’.
https://www.mi5.gov.uk/threat-levels
To confirm or deny that information is held would undermine an individual force’s policing capabilities, which consequently would be detrimental to their ability to deal with the on-going terrorist threat we face. By confirming that North Yorkshire Police has recorded any intelligence relating to financial investigation or POCA enquiries, would allow comparison between forces across the country and enable terrorists to build a picture of what resources are in place and where they are deployed. It is felt that confirmation or denial that that this information is held would prejudice the effectiveness of the national counter terrorism effort and would allow inferences to be drawn about force level counter-terrorism activity and identify vulnerability around the country.
Public Interest Test
Factors favouring confirmation or denial for S24 - The public are entitled to know how public funds are spent and by confirming or denying that this information is held would allow the public to see where money is being spent and know that forces are doing as much as they can to combat terrorism.
Factors against confirmation or denial for S24 – To confirm or deny that policing arrangements of this nature existed would render security measures less effective. The risk of harm to the public would be elevated if areas of the UK which appear vulnerable were identified, which would also provide the opportunity for terrorist planning. Ongoing or future operations to protect the security and infrastructure of the UK would be compromised as terrorists could map the level of counter-terrorist activity across the country, providing them with the knowledge of individual force capability as well as valuable knowledge concerning the vulnerability of individual force areas.
Factors favouring confirmation or denial for S30 – A statement confirming or denying whether or not information is held in regards to any intelligence logs relating to financial investigation or POCA enquiries, would enhance the transparency and accountability of the force and its operations. This would provide an insight into the police service and enable the public to have better understanding of effectiveness of the police, particularly, in relation to the spending of public funds and the decisions taken by officers. This may also enhance public confidence in the police as they would have demonstrated their commitment to fighting terrorism on a global scale.
If we confirmed or denied that information were held this would allow the public to make informed decisions about how police gather intelligence. This would greatly assist in the quality and accuracy of public debate, which would otherwise likely be steeped in rumour and speculation.
Factors against confirmation or denial for S30 – Whilst there is a public interest in the transparency of policing operations and providing assurance that North Yorkshire Police is appropriately and effectively dealing with terrorist activity, there is a strong public interest in safeguarding the integrity of police investigations and operations and in maintaining confidence in the Police Service.
To confirm or deny that this information is held would disclose police practices used, thereby exposing operational procedures and investigative protocols. Information relating to investigative tactics and protocol will rarely be disclosed under the Act and only where there is a strong public interest consideration favouring disclosure.
To confirm or deny that this level of policing activity has or has not occurred in any specific area would enable those engaged in criminal or terrorist activity to identify the focus of policing activity and any tactics that may or may not be deployed. This would ultimately hinder the prevention or detection of crime by undermining any investigative process and compromising the integrity of any operations.
To confirm or deny the existence of such information would also reveal policing tactics regarding who was of interest to the police generally. This could 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. Confirmation or denial that information is held may hinder and undermine the partnership approach to law enforcement in this complex area.
Factors favouring confirmation or denial for S31 – By confirming or denying that information is held would allow the public to understand that the police are robust in investigating and prosecuting terrorism-related activity. To confirm or deny whether North Yorkshire Police has recorded any intelligence relating to financial investigation or POCA enquiries, would enable the public to have a better understanding of efficiency of the force in carrying out their law enforcement role.
To confirm or deny that this information is held would make members of the public more aware of the threat of terrorism and allow them to take steps to protect themselves and families. Improved public awareness may lead to more intelligence being submitted to police about possible acts of terrorism, as members of the public will be more observant to suspicious activity, which in turn may result in a reduction of crime. The Home Office regularly publish national statistical data on terrorism.
Factors against confirmation or denial for S31 - To confirm or deny that the requested information is held could compromise law enforcement tactics which would hinder the Police force’s ability to prevent and detect terrorist crimes. The threat of terrorism will increase as more crimes are committed as a result of terrorists gaining knowledge about the capabilities of individual forces and therefore the public will be placed at a greater risk. A fear of crime will be realised, as terrorists identify areas to be less police focused and therefore vulnerable and target and exploit these areas, resulting in the public being in fear of more terrorist activity occurring. Alternatively, terrorists may deem that any confirmation where arrest and charging data was high could lead them to moving their cells to other areas in order to continue their operations and avoid detection.
There would be an impact on police resources from confirming or denying that North Yorkshire Police has conducted any ‘raids’ in relation to counter terrorism in 2020, as vulnerable forces may need to increase their resources to reassure and protect the surrounding community.
Overall Balance test
The security of the country is of paramount importance and the police will not divulge any information, if held, that would place the safety of an individual at risk or undermine national security. Whilst there is a public interest in the transparency of policing, and in this case providing assurance that the police service is appropriately and effectively engaging with the threat posed by terrorist activity, there is a very strong public interest in safeguarding both national security and the integrity of police investigations and operations in the highly sensitive subject of terrorism.
To confirm or deny whether North Yorkshire Police have recorded any intelligence relating to financial investigation or POCA enquiries, would start to indicate levels of policing activity at force level, which could allow individuals to exploit what may be considered as less active or resourced areas, by assessing patterns of police activity and deployments over time, ultimately to avoid detection. Disclosure of information, if held, would be a reveal of the intelligence picture concerning suspected terrorist activity, thereby undermining the operational integrity of police activities. This will adversely affect public safety and have a negative impact on our law enforcement functions for current and future investigations, which will therefore undermine the safeguarding of national security.
As much as there is a public interest in knowing that policing activity is appropriate and balanced in matters of national security this will be overridden in exceptional circumstances. Police force’s capabilities of combating terrorism are sensitive issues of intelligence value to the terrorist and therefore it is our opinion that for these issues the balancing test for confirming or denying that this information is held, is not made out.
However, this should not be taken as necessarily indicating that any information that would meet your request exists or does not exist.
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.