Drone Use, Data Capture, Storage And

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Drone Use, Data Capture, Storage and Retention Policy Reference No. SA:003 Implementation Date 22/06/2017 Version Date 22/06/2017 Version Number 1.0 Freedom of Information Act Partially Closed Exemption [s. 31 (1)(a)] Government Security Classifications OFFICIAL - Police Use Only UNCONTROLLED VERSION COPY WHEN PRINTED OFFICIAL – Police Use Only FOIA – Partially Closed Contents 1. 2. 3. 4. 5. Policy Section Standards Procedure Section 3.1 Introduction 3.2 Equipment 3.3 Equipment Maintenance 3.4 Training 3.5 Equipment Use 3.6 Recording an Incident 3.7 Scene Review 3.8 Limitations on Use 3.9 Production of Exhibits Appendix A Consultation and Authorisation Version Control 22/06/2017 SA:003 version 1.0 UNCONTROLLED VERSION COPY WHEN PRINTED 2 OFFICIAL – Police Use Only FOIA – Partially Closed 1 Policy Section 1.1 Vision of the Strategic Alliance Working together as it can offer the best opportunity to:• Develop service delivery to the public • Ensure delivery against the Police and Crime Commissioners’ (PCC) Police and Crime Plans • Retain a local policing identity  Ensure resilience around our Strategic Policing Requirement • Maximise value for money • Maximise opportunities for the ongoing personal/professional development of our staff This approach also satisfies the set critical success factors as follows:• • • • • • 1.2 Both forces mitigate/manage their greatest threat, harm and risks Both forces achieve their medium term financial strategies The strategic policing requirement continues to be met with reducing resources A transformational approach to service delivery Both forces adapt and respond to change in an agile/positive way Opportunities to invest in new capabilities to meet emerging threats and technology Statement of Intent – Aim and Rationale This policy is intended to provide guidance in relation to the police deployment of Unmanned Aerial Systems (UAS), or drones. In addition, it will detail issues and procedures regarding the capture, storage and retention of data obtained from drones. Devon & Cornwall and Dorset Police Drones will be deployed for operational and training purposes only. 1.3 National Decision Model The National Decision Model (NDM) is the primary decision-making model used in both Dorset Police and Devon and Cornwall Police. Where applied it ensures that ethical (see Code of Ethics), proportionate and defensible decisions can be made in relation to operational and non-operational policing. The latest guidance can be found via this APP link. 1.4 Code of Ethics The Code of Ethics underpins every policy, procedure, decision and action in policing today and staff are reminded of the need to comply with the standards and principles of the Code of Ethics for policing. 22/06/2017 SA:003 version 1.0 UNCONTROLLED VERSION COPY WHEN PRINTED 3 OFFICIAL – Police Use Only FOIA – Partially Closed 2 Standards 2.1 Legal Basis Relevant legislation / guidance                 The Data Protection Act (1998) The Data Protection (Processing of Sensitive Personal Data) Order (2000) The Copyright, Designs and Patents Act (1988) The Computer Misuse Act (1990) The Health and Safety at Work Act (1974) Human Rights Act (1998) Article 8 (right to Privacy) Regulation of Investigatory Powers Act (RIPA) (2000) Freedom of Information Act (2000) Health & Social Care Act (2001) Air Navigation Order (2009) CCTV National Code of Practice Covert Surveillance Code of Practice The Surveillance Camera Code of Practice issued under the Protection of Freedom Act (2012) The Intelligence Services Act (1994) (Section 5 ) Police Act (1997) Part III The Criminal Procedure and Investigations Act (1997) 2.2 Assessment Compliance This document has been drafted and audited to comply with the principles of the Human Rights Act. Internal and external Equality and diversity issues have also been considered to ensure compliance with Equality legislation and policies. In addition Data Protection, Freedom of Information, Management of Police Information and Health and Safety issues have been considered. Adherence to this document will therefore ensure compliance with all relevant legislation and internal policies. 2.3 Monitoring This policy will be monitored by the Alliance Operations Department Drone Unit. The practical implementation of this procedure at local level will be monitored by the area Commanders, Single Point of Contacts (SPOCS) and supervisors of the Drone pilots and camera operators. 22/06/2017 SA:003 version 1.0 UNCONTROLLED VERSION COPY WHEN PRINTED 4 OFFICIAL – Police Use Only FOIA – Partially Closed 3 Procedure Section 3.1 Introduction [FOIA – Open] 3.1.1 A number of police forces in the UK are now researching and trialling drones, as an additional air support option to the National Police Air Service (NPAS). The work in this area is fully supported by the National Police Chiefs Council (NPCC). 3.1.2 Devon and Cornwall and Dorset Police considers drone technology as an additional piece of equipment that would assist the force in its obligations to community safety, and something that could provide an alternative operational option to using a helicopter to obtain aerial support. Drones are not considered to be a replacement for using helicopters, but rather offer an alternative to the air support service provided by NPAS. There are many areas in which a drone could support policing activities, some of those being:  assisting officers in searches for vulnerable missing persons;  assisting investigators to obtain best evidence at scenes of serious crimes or Road Traffic Collisions (RTCs);  providing a situational overview during a critical incident or large public order event;  internal operations, such as planning events or response strategies, or assisting with surveying buildings and facilities owned by Devon and Cornwall Police. 3.1.3 These procedures have been designed with regard to the current legislation and guidance for the use of video recording of police evidence. 3.1.4 All images recorded are the property of the Force and must be retained in accordance with force procedures and the NPCC Practice Advice on Police Use of Digital Images. They are recorded and retained for policing purposes and must not be shown or given to unauthorised persons other than in accordance with specified exemptions. 3.1.5 Use of drones is governed by the Civil Aviation Authority (CAA). This includes the police use of drones. Any commercial user of drones must obtain a Permission For Commercial Operations (PFCO), granted by the CAA. It is recognised that the police do not necessarily require a PFCO, however guidance from the NPCC has stated that police forces should obtain a PFCO to assist with public confidence. 3.1.6 Drones owned and operated by Devon and Cornwall and Dorset Police are a method by which officers can obtain and secure evidence in incidents and crimes. These procedures are intended to enable officers to comply with legislation and guidance and to create evidence for use in court proceedings. 3.1.7 When used effectively drones can promote public reassurance, capture best evidence, modify behaviour, prevent harm and deter people from committing crime. Recordings will provide independent evidence that will improve the quality of prosecution cases. 3.1.8 Using recordings can also impact on the professionalism of the service and in the professional development of officers. Officers, trainers and supervisors can utilise the equipment to review and improve how incidents are dealt with and to ensure that the equipment is being deployed in a safe and legal manner. 22/06/2017 SA:003 version 1.0 UNCONTROLLED VERSION COPY WHEN PRINTED 5 OFFICIAL – Police Use Only FOIA – Partially Closed 3.1.9 The Professional Standards Department and line management will not routinely search the drone data storage for evidence of misdemeanours or offences committed by users, but if a complaint is received interrogation of the system can be an appropriate line of enquiry. 3.1.10 In the application of this policy, the following should also be referred to:D031 – Data Protection (D&C) D032 – Records Management (D&C) D260 – Force Information Security Policy (D&C) D296 – Evidential Digital Imaging (D&C) The Devon and Cornwall Police Unmanned Aerial Systems (Drones) Privacy Impact Assessment P12:2003 – Electronic and Telecommunications Systems Monitoring Policy and Procedure (Dorset) P20:2013 – Covert Authorities Bureau Procedure (Dorset) P20:2006 – Digital Imaging Policy (Dorset) P09:2007 – Data Protection Policy (Dorset) 3.1.11 Health and Safety. As part of the PFCO process Devon and Cornwall and Dorset Police have jointly produced an operations Manual which has been submitted to the CAA. This document details how drones will be deployed safely, that the pilots will be trained, what the organisational structure is and what procedures are used for operating a drone. This manual must be referred to for all drone deployments in addition to the policies laid out in this document. The Alliance Drone Generic Risk Assessment (GRA) should also be referred to. 3.2 Equipment [FOIA – Open] 3.2.1 The ‘drones’ digital imaging equipment are each fitted with a Micro SD card with enough capacity to record video for the duration of any flight if required. The aerial imaging is stored on the SD card with video being recorded at 1080p resolution as a .mp4 file. Still images can be captured as .DNG RAW files and .JPEG files simultaneously. A RAW file is similar to a negative which can be manipulated and edited at a later date if an investigation requires it. Each file carries a unique identifier and is time and date stamped throughout. Operators will ensure that the SD card is formatted before every flight, ensuring that it contains no data from a previous flight. 3.2.2 The settings on the drone camera can be changed if required, either lowering or increasing the quality. 3.2.3 To limit the amount of data on the SD card in the event of its loss, for example, after a ‘flyaway’ malfunction, the SD card will be changed every time the drone is landed. However, should the drone have a catastrophic malfunction and crash away from the operator, providing the drone still has power, the operator has the ability to remote format the SD card. (It should be noted that although this would stop members of the public accessing the data, potential evidence may also be lost.) 3.2.4 The drone is deployed with dual controls, allowing the pilot to concentrate on flying the drone safely, whilst the second operator can independently control the camera. Both operators have a computer tablet controller which streams the footage live. They also have the ability to review footage whilst the drone is flying, if required. It should be noted 22/06/2017 SA:003 version 1.0 UNCONTROLLED VERSION COPY WHEN PRINTED 6 OFFICIAL – Police Use Only FOIA – Partially Closed that no images are stored on the computer tablet controller. All images are accessed from the SD card located in the drone. It is worth noting that on occasion the drone can be flown as a ‘single operator’, meaning the pilot also controls the camera. 3.3 Equipment Maintenance [FOIA – Open] 3.3.1 It is the responsibility of the drone pilot to carry out a pre-flight checks prior to any flight taking place and to report any malfunction immediately to the drone SPOC. The Alliance Operations Department will be responsible for the upkeep of the drones, including the cost of any repairs or damage to equipment. 3.4 Training [FOIA – Open] 3.4.1 Only specific officers will be trained in the use of drones and associated equipment. Training in the use of the drones will be delivered via a CAA National Qualified Entity and manufacturer accredited operator. Ongoing continuous professional development (CPD) will be provided. 3.5 Equipment Use [FOIA – Open] 3.5.1 When using / deploying a drone, the nature of the activity being conducted will be overt (for exception, see paragraph 3.5.3). The drone will be operated by officers who will be overt in their presence by wearing appropriate clothing, and by informing relevant parties, in accordance with CAA and licence conditions. 3.5.2 The drone can only fly within specific operational parameters and within certain ranges from the operator with clear flying space at all times around the drone. 3.5.3 The drones used by this force may be used in a covert operation. If this is the intention, the operator, at an early stage must contact the Covert Authorities Bureau for advice with regards to all elements of Regulation of Investigatory Powers Act (RIPA) and associated legislation and ensure all required authorities and documentation are in place. No drone is to be used in covert activity unless this process is followed. 3.5.4 When not in use all equipment must be securely stored in a designated suitable location within a police station. Only officers and police staff who have received the appropriate training will be able to ‘self issue’ the equipment. 3.6 Recording an Incident [FOIA – Open] The following is guidance on the use of drones when recording incidents. 3.6.1 Guiding principles:      Drone pilots and camera operators will deploy to specific tasking and will not indiscriminately record data. The decision to record or not to record any incident remains with the pilot or the drone camera operator. The camera operator should be mindful that failing to record incidents that are of evidential value may require explanation in court. The decision to safely deploy the drone will rest with the pilot. Their decision is final. The deployment will be recorded in the log. 22/06/2017 SA:003 version 1.0 UNCONTROLLED VERSION COPY WHEN PRINTED 7 OFFICIAL – Police Use Only FOIA – Partially Closed  Any conflict regarding whether there is or is not a deployment, or flight taken will be recorded in the log. This will assist future deployment and address training needs of non trained drone pilots.  See appendix A for guidance in relation to safe working practices in regarding NPAS and drones. 3.6.2 Start recording early It is evidentially important to record as much of an incident as possible; therefore recording should begin at the earliest opportunity from the start of an incident. 3.6.3 Recordings to be incident specific Recording must be incident specific. Users will not indiscriminately record entire duties or patrols and must only use recording to capture video at incidents or as ‘professional observation’, whether or not these are ultimately required for use in evidence. There are a few instances where recording should not be undertaken and further guidance on when not to record is included later in this section. (Note – the drones in use do not record audio) 3.6.4 Inform The operators, as soon as is practicable, are to announce to persons present at the area of operations that recording is taking place and that actions may be recorded. Specific words for this announcement have not been prescribed in this guidance, but users should use straightforward speech that can be easily understood by those present, such as, “I am operating a drone fitted with a camera in this area”. 3.6.5 Collateral intrusion In so far as is practicable, users should restrict recording to areas and persons necessary in order to obtain evidence and products relevant to the tasking and should attempt to minimise collateral intrusion to those not involved. 3.6.6 Private dwellings If the drone is in view from private dwellings the pilots and camera operators may find that there are objections to the location of deployment, as it is not immediately obvious which way the camera is facing. If the dwelling is the subject of the recording the pilots and camera operators should explain the reasons for recording. These may include: a) That an incident has occurred requiring police to attend b) The requirement to secure best evidence of any offences that have occurred, whether this is in writing or on video and the video evidence will be more accurate and of higher quality and therefore in the interests of all parties c) Continuing to record will safeguard the officer against any potential allegations d) That recording is taking place in order to save life, or prevent significant damage to property e) In the event that the dwelling is not involved in the deployment the following should be communicated:  That the dwelling is not actually subject to the recording; and  the camera is directed away from the property The drone will be deployed in line with regulations set down by the Civil Aviation Authority (CAP722). This regulates the distances that the unit can be deployed in relation to people and property. 22/06/2017 SA:003 version 1.0 UNCONTROLLED VERSION COPY WHEN PRINTED 8 OFFICIAL – Police Use Only FOIA – Partially Closed 3.6.7 Sensitivities in rural areas Operators should consider the impact of the Drone on livestock when operating in a rural environment. Avoidance of these areas should be considered. If practicable prior contact with landowners will be made to ensure no distress or harm caused to livestock by over flight of a specific area. 3.6.8 Do not interrupt filming Unless specific circumstances dictate otherwise (see below) recording must continue uninterrupted from commencement until the conclusion of the incident. 3.6.9 Concluding filming Recording should conclude at an appropriate time and not whilst an incident is still taking place. The only exception to this is where the drone has to land. Memory cards deployed in the drone are large enough to record the entire flight if necessary. 3.6.10 Do not delete recordings Once a recording has been completed this becomes police information and must be retained and handled in accordance with the Code of Practice on the Management of Police Information. Therefore any recorded image must not be deleted by the recording user and must be retained as required by the procedures. Any breach of the procedures may render the user liable to disciplinary action or adverse comment in criminal proceedings. 3.7 Scene Review [FOIA – Open] 3.7.1 An additional use of drones is the ability to record the location of objects and evidence at the scene of a crime or incident. This can be particularly beneficial in allowing a Senior Investigating Officer an opportunity to review scenes of serious crime or effectively recording the positions of vehicles and debris at the scene of a serious road traffic collision. 3.8 Limitations of Use [FOIA – Open] 3.8.1 Drones are primarily an overt recording medium and can be used across a wide range of policing operations. There are a number of situations where the use of drones are not appropriate. In all cases operators and supervisors must use their professional judgement with regard to recording. 3.8.2 The following examples of where the use of a drone is not appropriate are for guidance only (this list is not exhaustive) : 3.9  Intimate searches – Drones must not be used under any circumstances for video or photographic recording to be made of intimate searches.  Private dwellings –Operators must consider the right to private and family life, in accordance with Article 8 of the Human Rights Act, and must not record beyond what is proportionate, legal and necessary to fulfil the tasking. Production of Exhibits [FOIA – Closed s.31(1)(a)] 22/06/2017 SA:003 version 1.0 UNCONTROLLED VERSION COPY WHEN PRINTED 9 OFFICIAL – Police Use Only FOIA – Partially Closed Appendix A Safe working practice There is the potential for NPAS and the drone to attend the same incident. These circumstances can arise when the drone is the closest unit to attend and attends until NPAS arrives at the scene. They can also arise during a protracted search/containment where NPAS has to leave the area to refuel and the drone is needed to maintain search/containment until NPAS returns. If the drone is deployed to the same incident as NPAS, the Command and control log will be updated to that effect and switched to NPAS for their attention. This will alert the NPAS crew that a drone is attending the same incident. The NPAS crew or control room can alert the officers controlling the drone of their intended estimated time of arrival (ETA) to the scene. This can be done by the NPAS channel 5 direct, mobile telephone to drone operators or via call Management and Communications Unit (CMCU). When NPAS are within 5 miles of the incident they will inform the drone pilot and the drone is to be landed straight away and battery disconnected. The Drone pilot will confirm this with NPAS and a record will be made on the log. When NPAS have left the scene and 5 miles away they will confirm with the drone pilot so they can take off again if appropriate No Drone is to be operated when NPAS is within 5 miles of the scene. This will be down to the NPAS pilot’s discretion and can allow the drone to continue operating under the deconfliction parameters that they set out. If the drone arrives on scene prior to NPAS they will give an accurate update of their grid reference and the log updated. All operators using the drone when deployed to an incident will monitor the NPAS channel 05. The NPAS pilot will have primacy over the airspace and their decision will be final. These procedures apply to any NPAS asset deployed to either force and not restricted to bases local to each force. There is always the potential for NPAS assets from other areas assisting. Where the drone is being used for training purposes or deployed where no NPAS asset is attending, NPAS Control are to be made aware by a phone call from the drone pilot, they will create a log on their command and control system if the deem it necessary. 22/06/2017 SA:003 version 1.0 UNCONTROLLED VERSION COPY WHEN PRINTED 10 OFFICIAL – Police Use Only FOIA – Partially Closed 4.0 Consultation and Authorisation 4.1 Consultation Version No: 1.0 Police & Crime Commissioner Name Signature Date Police Federation Superintendents Association GMB / UNISON / Unite Other Relevant Partners Drone Team Manager 19/05/2017 Armed Roads Policing 04/05/2017 Dedicated Drone Officer 03/05/2017 (if applicable) Head of Information Management, Devon and Cornwall Police Data Protection and Information Sharing Manager ACC Operations Support, Devon and Cornwall Police Force Authorising Officer, Devon and Cornwall Police 4.2 13/10/2016 13/10/2016 06/10/2016 12/10/2016 Authorisation of this Version Version No: 1.0 Name Prepared: Operational Policy Unit 26/05/2017 Quality assured: Operational Policy Unit 22/06/2017 Authorised: C/Insp Alliance Operations Department 23/05/2017 Approved: Commander, Alliance Operations Department 24/05/2017 5. Version Control 5.1 Review 22/06/2017 SA:003 version 1.0 UNCONTROLLED VERSION COPY WHEN PRINTED Signature Date 11 OFFICIAL – Police Use Only FOIA – Partially Closed Date of next scheduled review 5.2 Version History Version 1.0 5.3 Date:21/06/2018 Date 22/06/2017 Reason for Change Initial Document Created / Amended by Operational Policy Unit Document History Present Portfolio Holder ACC Local Policing & Connectivity Present Document Owner Alliance Operations Department Present Owning Department Alliance Operations Department Details only required for version 1.0 and any major amendment ie 2.0 or 3.0: Name of Board: Date Approved: Chief Officer Approving: ACC Boulting 22/06/2017 SA:003 version 1.0 UNCONTROLLED VERSION COPY WHEN PRINTED 12