Key information
Executive summary
The Prüm arrangements date back to 2005 and allow for the large-scale exchange of fingerprints and DNA profiles (and vehicle registration numbers) between signatories to the Prüm Treaty for the purposes of law enforcement and national security.
The UK did not join the Prüm arrangements in 2005 and it was not until 2013 that it was proposed that the UK undertake a Prüm Style Pilot for DNA exchange and MPS Forensic Services was commissioned to undertake the pilot. The Prüm Style Pilot resulted in parliament voting overwhelmingly in favour of joining the Prüm Treaty in December 2015.
The MPS are now requested by the Home Office to progress to the implementation stage of the Prüm delivery programme. This will require delivery of a DNA match validation service that was designed and implemented in the pilot and which will be scaled up to deal with the increased DNA profiles that will be exchanged through Prüm. The Home Office has agreed to fund the MPS service for a 3 year period.
Recommendation
The Deputy Mayor for Policing and Crime is recommended to:
- Approve MPS Forensics to build on the pilot and agree to implement Prüm activity as a fully funded 3 year plan (2 year operational with 1 year transition to National solution) in partnership with the Home Office, with the MPS acting as lead force via Forensic Services;
- To note that funding will be supplied via Home Office, who have supplied a letter of confirmation;
- Acknowledge and approve the cost recovery required to resource delivery;
- Approve partnership delivery and agree funding from the Home Office a 3 year period of £3,057,000;
- Agree the use of Capital funds (Historic Home Office Funding) of £143,812;
- Agree to convert £32,975 of the Capital fund to revenue as agreed by the Home Office included in the £143,812 above.
- Agree to add £375,000 to the MPS’s capital plan to be funded from Home Office grant of £264,000 and drawing down from the historical funds of £111,000.
Non-confidential facts and advice to the Deputy Mayor for Policing and Crime (DMPC)
1. Introduction and background
1.1. As a critical service, Forensics plays a key enabling role to the investigation and judicial process. There is no automated ability to search into European Databases. This work to implement Prüm activity will provide the following benefits to address this:
- Improved response to requests for information associated with crime and terrorism
- Simplified processes to request information and/or data
- Efficiency gains in international searching
- Increase in resolution of unsolved crimes
- Creation of crime and terrorism intelligence picture
- Detection of volume crime as well as serious crimes
- Exploitation of UK investment in other data systems
- Access to Eurodac for criminal investigation searching.
2. Issues for consideration
2.1. Within the overall implementation programme there is project to deliver Prüm DNA functionality and within this is a Prüm Technical solution that utilises complex DNA matching software and a requirement for a case management and work flow capability.
3. Financial Comments
3.1. The planned work is fully funded by the Home Office for a 3 year period with new funding of up to £3m plus use of historical funds of £0.1m.
3.2. This will pay for a combination of internal resources and servicing and maintenance / support contracts for the hardware and DNA matching software CODIS.
3.3. The capital cost will be £0.4m. Revenue costs are anticipated to be £2.7m.
4. Legal Comments
4.1. S15 of the Police Reform and Social Responsibility Act 2011, allows MOPAC, as the governing body, to provide a service to a third party.
4.2. The MOPAC Scheme of Delegation and Consent requires DMPC approval for all unforeseen contract variations and extensions with an original value of £500,000 or above, when the variation or extension is greater than 10% of the original value and/or is for a period of more than 12 months.
4.3. The MOPAC Scheme of Consent and Delegation at Clause requires the Deputy Mayor for Policing and Crime to approve all bids for grant funding made and all offers made of grant funding.
4.4. The approval will be documented by way of a S15 Provision of Services agreement to formalise the arrangement.
5. GDPR and Data Privacy
5.1. The MPS is subject to the requirements and conditions placed on it as a 'State' body to comply with the European Convention of Human Rights and the Data Protection Act (DPA) 2018. Both legislative requirements place an obligation on the MPS to process personal data fairly and lawfully in order to safeguard the rights and freedoms of individuals.
5.2. Under Article 35 of the General Data Protection Regulation (GDPR) and Section 57 of the DPA 2018, Data Protection Impact Assessments (DPIA) become mandatory for organisations with technologies and processes that are likely to result in a high risk to the rights of the data subjects.
5.3. The Information Assurance and Information Rights units within MPS will be consulted at all stages to ensure the project meets its compliance requirements
5.4. A DPIA is being completed for this project. The project will ensure a privacy by design approach, which will allow the MPS to find and fix problems at the early stages of any project, ensuring compliance with GDPR. DPIAs support the accountability principle, as they will ensure the MPS complies with the requirements of GDPR and they demonstrate that appropriate measures have been taken to ensure compliance.
6. Equality Comments
6.1. As this is an extension of an existing service this work does not change any aspects relating to equality or diversity.
7. Background/supporting papers
7.1. Report
Signed decision document
PCD 519