DESC Data Protection Impact Assessment(s) and supporting information: FOI release

Information requested

Category 1

A copy of the Data Protection Impact Assessment(s) conducted on the AXON 'Evidence.com' and digital evidence management cloud services under the terms of s64 of the Data Protection Act 2018, to include any and all of the following families of Axon services in use or planned for deployment for DESC.

Category 2

A copy of the specific terms of service applied within the contract between Axon and the Authority relating to Data Protection Act Part 3; or confirmation that their standard Terms of Service have been applied without modification.

Category 3

Details of any sub-processor engaged by Axon as part of their DESC service delivery and the countries in which data shall or may be processed.

Category 4

4a) Copies of any specific diligence material, contractual terms or other undertakings from Axon and their sub-processors that they will not transfer any personal data processed for a Law Enforcement purpose by the Authority outside of the UK without the Authorities prior written and specific approval in each instance, as required under S59(7) go the Act;

Category 5

Copies of the communications between the authority and the ICO, and/or other professional or advisors, which informed the creation of the DPIA and/or supported decisions around the procurement or use of the Axon evidence.com related products for the processing of personal data for a Law Enforcement purpose by the Authority.

Response

Category 1

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The Scottish Government is not a controller of personal data processed for law enforcement purposes and has not carried out a Data Protection Impact Assessment in relation to Axon ‘Evidence.com’ and digital evidence management cloud services.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

However, you may wish to contact the Scottish Government’s operational partners in the DESC Programme who may be able to help you. These are:

• Police Scotland: FOI@scotland.police.uk 
• Crown Office and Procurator Fiscal Service: FOI@copfs.gov.uk 
• Scottish Courts and Tribunal Service: foi@scotcourts.gov.uk 
• Scottish Police Authority: FOI@spa.police.uk 

Category 2

I attach at Annex A extracts of the contract between Axon and the Scottish Ministers through the Scottish Government which relate to the Data Protection Act Part 3.

Category 3

In this instance the Scottish Government does not have the information you have requested. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

However, you may wish to contact the Scottish Government’s operational partners in the DESC Programme who may be able to help you, as noted above.

Category 4

The relevant contract terms relating to this element of your request are included within the extracts of the contract attached at Annex A, at paragraphs 13.6.2 and 13.6.3. in particular.

Category 5

I have interpreted this request as relating to the DPIA and procurement and use of Axon Evidence.com for the processing of personal data for a Law Enforcement purpose by the Scottish Government specifically. The Scottish Government is not a controller of personal data processed for law enforcement purposes. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

However, you may wish to contact the Scottish Government’s operational partners in DESC referred to above, who may be able to help you.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI - 202300342066 - Annex A

File type

5 page PDF

File size

140.7 kB