Intelligence Services Surveillance

I frequent the Parkgate area of Cheshire regularly as a walker on the Wirral Way ( a local linear park) from the Merseyside direction. I've addressed this email to you as I gather you police this area of the Cheshire County.

I'm enquiring as to whether you, as police staff employed by the Cheshire Constabulary, can be provided with access, via a PC connected to a distributed computer system or some form of hard-wired system, to the signals from state intelligence services electronic surveillance systems (such as vehicle tracking & audio monitoring, building eavesdropping and brainwave surveillance implant surveillance devices in some humans and animals) radiated using wireless systems, which, when recorded by BT plc, can be admitted to a court of law as criminal evidence?

In accordance with the Act our response is provided below;

The Cheshire Constabulary can neither confirm nor deny that it holds any information relevant to access to intelligence services surveillance systems as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions.

Section 23(5) Information supplied by or concerning certain Security Bodies
Section 24(2) National Security
Section 30(3) Investigations
Section 31(3) Law Enforcement

Sections 23 is a class based absolute exemptions and there is no requirement to consider the public interest test in this area.
Section 30 is a class based qualified exemption and consideration must be given as to whether there is a public interest in neither confirming nor denying the information exists is the appropriate response.
With Sections 24 and 31 are prejudice based qualified exemptions there is a requirement to articulate the harm that would be caused in confirming or nor that the information is held as well as carrying out a public interest test.

Harm and Public Interest Considerations with regard to Confirming or Denying that the Information is held

Harm (Section 24 and 31)
Confirmation or denial that certain information was or was not held in relation to our surveillance capabilities would provide useful information to those who seek to avoid detection by law enforcement agencies, this would directly impact on our ability to prevent and detect crime.
It would also undermine tactical capability and compromise any ongoing or future operations to protect the security or infrastructure of the UK.

PIT (section 24, 30 and 31)

For
The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve and there is a public interest in the transparency of policing operations.

Against
By confirming that the information is held would make the community at large more aware of surveillance systems. This knowledge would enable them to behave differently and work outside of the law.
By citing exemptions or stating ‘no information held’ we would by default be confirming our exact technical abilities, this would enable those criminals who speculate about such matters to be better informed, allowing them to take relevant countermeasures.
Modern-day policing is intelligence led and the Police Service share information with other law enforcement agencies as part of the intelligence gathering process. Irrespective of whether information is or isn’t held, the Police Service will never confirm details which could undermine the partnership approach of information sharing or any investigation.

Balancing Test
Public safety and the security of the country is of paramount importance and the Police Service will not divulge whether information is or isn’t held if to do so would place the safety of an individual at risk or undermine National Security. Therefore, at this moment in time, it is our opinion that for these issues the balancing test for disclosure is not made out.
This is further enhanced by the fact that the forces ability to carry out the activities you refer to is monitored by independent regulators, in the guise of the Surveillance and Interception Commissioners. More information about their role and the legislation that all bodies must comply with can be found at:

Surveillance Commissioners
IPT

No inference can be taken from this refusal that the information you have requested does or does not exist.