Response

In relation to your first request, unfortunately, we are unable to provide you with all the information you have requested as it would prove too costly within the context of the fee regulations. The current cost threshold is £600 and we estimate that it would cost in excess of this amount to process your request.

Information held in relation to your request sits over three business areas within the Authority. Key word searches carried out by the business areas for the timeframe specified in your request, since December 2022 to date, returned over 300 records.

Clarification was requested and received on 18 March in an effort to reduce the information in scope. However, it has been determined that there is no easy way to do this and each record would have to be examined in fine detail. Also, due to the nature of your request, specialist knowledge is required to review the information in scope to identify relevant information and sensitive information to be redacted in what is an ongoing commercial matter. Therefore, it has been determined that the fine level analysis required, in this case by a Lead Solicitor, as well as time required to redact at the very least personal information from most records would exceed the cost threshold.

In terms of our duty to assist, we can advise that negotiations are currently underway between Microsoft and Axon for a contract amendment that reflects the data sovereignty, UK GDPR and Part 3 Data Protection Act 2018 requirements. These negotiations are not yet complete. It is anticipated that the final document will be agreed by the end of April 2024.

To further assist, we have provided information interpreted as most relevant to your first request, and subsequent clarification, which was identified and reviewed prior to it becoming clear that the cost threshold would be exceeded. This information is provided at Appendix 1. We would caution that information in emails reflect the position at that date only as negotiations remain ongoing. Information not in scope is redacted as well as third party personal data considered to be exempt in terms of the Act. This exemption is absolute and therefore does not require application of the public interest test. Whilst you may have a legitimate interest in disclosure of this information, it is our view that those interests are overridden by the interests or fundamental rights and freedoms of the data subjects.

In relation to your second request, we can confirm information is held. A letter issued by the Scottish Biometrics Commissioner to Police Scotland, copied to the Authority, is provided at Appendix 2.

In relation to your third request, the Scottish Police Authority does not hold the information requested. There has been no clarification to the Authority.