Tag: Freedom of Information

MoD abruptly ends responding to FoI requests on UK drone operations

Chris Cole
MoD goes dark on Reaper operations

After more than a decade of responding to our requests for statistical information about the use of armed drones, the MoD abruptly refused our January 2023 request.  At first we thought it may be an administrative error but it soon became clear that it was a policy decision.

The MoD now argues that the information that it had previously released without any suggestion of harm for more than a decade will now be refused due to the data being related to bodies dealing with security matters (Section 23) and/or national security (Section 24).  Last week, the Information Commissioner finally responded to our appeal, upholding the MoD’s decision based on “confidential submissions” from the MoD.  The Information Commissioners Office wrote:

“Based on submissions provided to him by the MOD during the course of his investigation, the Commissioner is satisfied that the information sought by questions 1b) to 4 of the request either falls within the scope of the exemption provided by section 23(1) of FOIA or falls within the scope of the exemption provided by section 24(1) of FOIA, and that if the exemption engaged is section 24(1) then the public interest favours maintaining the exemption.

The Commissioner cannot elaborate on his rationale behind this finding without compromising the content of the withheld information itself or by revealing which of these two exemptions is actually engaged. The Commissioner appreciates that this is likely to prove frustrating to the complainant. However, the Commissioner would like to emphasise that he has carefully scrutinised the MOD’s submissions and that in doing so he has taken into account the complainant’s position that such information has been previously disclosed.

Transparency thwarted
Summary table of data from FoI requests. Click for full details

Our analysis of the statistical data on UK armed drone operations, gathered via these FoI requests, enabled some understanding of UK’s use of its armed drones over the past decade or more.  Asking a specific set of questions every quarter over several years gave us a dataset which enabled a degree of transparency.

For example when the MoD insisted that its armed drones were primarily used for intelligence gathering – strongly implying drones were rarely being used to launch strikes – the data showed that for periods of time between half and a third of UK air strikes were being carried out by drones.  The data also enabled greater understanding of what was happening on the ground, for example the extent of the switch of UK air and drone strikes to Syria from Iraq in certain periods of the war.  The FoI data also enabled us to discover when strikes had taken place that had not been disclosed by MoD press releases. The data also allowed us to see the number and type of weapons being used and therefore to calculate the cost of the munitions being used. Indeed one response also let slip that the UK drones were firing thermobaric weapons.  Read more →

MoD AI projects list shows UK is developing technology that allows autonomous drones to kill

Peter Burt and Chris Cole
Omniscient graphic: ‘High Level Decision Making Module’ which integrates sensor information using deep probabilistic algorithms to detect, classify, and identify targets, threats, and their behaviours. Source: Roke

Artificial intelligence (AI) projects that could help to unleash new lethal weapons systems requiring little or no human control are being undertaken by the Ministry of Defence (MoD), according to information released to Drone Wars UK through a Freedom of Information Act request.

The development of lethal autonomous military systems – sometimes described as ‘killer robots’ – is deeply contentious and raises major ethical and human rights issues.  Last year the MoD published its Defence Artificial Intelligence Strategy setting out how it intends to adopt AI technology in its activities.

Drone Wars UK asked the MoD to provide it with the list of “over 200 AI-related R&D programmes” which the Strategy document stated the MoD was  working on.  Details of these programmes were not given in the Strategy itself, and MoD evaded questions from Parliamentarians who have asked for more details of its AI activities.

Although the Defence Artificial Intelligence Strategy claimed that over 200 programmes  are underway, only 73 are shown on the list provided to Drone Wars.  Release of the names of some projects were refused on defence, security and /or national security grounds.

However, MoD conceded that a list of “over 200” projects was never held when the strategy document was prepared in 2022, explaining that “our assessment of AI-related projects and programmes drew on a data collection exercise that was undertaken in 2019 that identified approximately 140 activities underway across the Front-Line Commands, Defence Science and Technology Laboratory (Dstl), Defence Equipment and Support (DE&S) and other organisations”.  The assessment that there were at least 200 programmes in total “was based on our understanding of the totality of activity underway across the department at the time”.

The list released includes programmes for all three armed forces, including a number of projects related to intelligence analysis systems and to drone swarms, as well as  more mundane  ‘back office’ projects.  It covers major multi-billion pound projects stretching over several decades, such as the Future Combat Air System (which includes the proposed new Tempest aircraft), new spy satellites, uncrewed submarines, and applications for using AI in everyday tasks such as predictive equipment maintenance, a repository of research reports, and a ‘virtual agent’ for administration.

However, the core of the list is a scheme to advance the development of AI-powered autonomous systems for use on the battlefield.  Many of these are based around the use of drones as a platform – usually aerial systems, but also maritime drones and autonomous ground vehicles.  A number of the projects on the list relate to the computerised identification of military targets by analysis of data from video feeds, satellite imagery, radar, and other sources.  Using artificial intelligence / machine learning for target identification is an important step towards the  development of autonomous weapon systems – ‘killer robots’ – which are able to operate without human control.  Even when they are under nominal human control, computer-directed weapons pose a high risk of civilian casualties for a number of reasons including the rapid speed at which they operate and difficulties in understanding the often un-transparent ways in which they make decisions.

The government claims it “does not possess fully autonomous weapons and has no intention of developing them”. However, the UK has consistently declined to support proposals put forward at the United Nations to ban them.

Among the initiatives on the list are the following projects.  All of them are focused on developing technologies that have potential for use in autonomous weapon systems.  Read more →

Tribunal upholds MoD refusal to disclose details of UK Reaper drone missions outside of Op Shader

Chris Cole
Click to read Decision Notice

Fifteen months after hearing our appeal, an Information Tribunal handed down its decision this week rejecting our arguments that basic details about the deployment of armed Reaper drones outside of Operation Shader (Iraq/Syria) by the UK needed to be released to enable public and parliamentary oversight over such deployments.

Both Clive Lewis MP and Baroness Vivienne Stern, Vice-Chair of the All Party Parliamentary Group (APPG) on Drones and Modern Conflict had submitted statements to the Tribunal supporting our appeal.  Clive Lewis argued that  the refusal to answer these questions about the deployment of Reaper is “a serious backward step in terms of transparency and accountability.”   Baroness Stern stated:

“Despite repeated attempts by myself and colleagues to attain even the most basic information about the UK’s drone deployments, policy, and commitments, Parliament has not been provided with the accurate and timely information needed to meaningfully carry out its constitutional scrutiny role. Whilst certain details must be kept secret in order to ensure operational and national security, the current trend of withholding information about the use of drones purely because it is seen as an “intelligence” asset, as well as withholding vital information on the UK’s growing military capabilities and commitments is deeply concerning and unjustified.”

While insisting that it was neither confirming nor denying the deployment, the MoD argued against the release of the information on three broad grounds . As the Decision Notice states:

“the MOD’s key concern about the release of the requested information was that it could lead an adversary to infer the absence or presence of UK personnel. In his [The MoD’s witness’] opinion were the locations to be released or inferred from a combination of requested data and already published material (the “mosaic effect”), there would be an elevated risk to any potential personnel in that location and an increased risk of hostile acts against them.”

A second concern was

“there would be an increased risk to any nation hosting the Reaper operations as an adversary may target a hostile act at the host nation rather than the UK which may be a more difficult target. Thereby undermining the UK’s relationship with that nation and undermining military operations conducted from that location.”

Finally, and most concerning from a scrutiny and oversight point of view the MoD argued (again quoting Decision Notice)

“The effectiveness of operations conducted using Reaper outside Operation Shader in future depend, in part, on a greater degree of ambiguity as to the employment of Reaper in order to be successful. It is important to retain a degree of ambiguity regarding the full extent of Reaper operations now in order to maintain this flexibility in the future. “

Drone Wars argued strongly that the information requested –  a single figure of the number of sorties undertaken outside of Operation Shader and their broad, geographic location (i.e. ‘The Middle East’) – was not capable of causing the prejudice alleged.  We also pointed out to the Tribunal that the MoD has previously released the number of sorties undertaken outside of Operation Shader (In response to our questions about the targeted killing of Naweed Hussain in 2018) without any of the prejudice or harm suggested, but that seems to have been ignored by the tribunal.  Read more →

MoD challenged at Information Tribunal on secret UK Reaper drone operations

Chris Cole

Drone Wars appeared in court yesterday to appeal the refusal of the Ministry of Defence (MoD) to give basic details of UK Reaper operations outside of its campaign against ISIS in Iraq and Syria.  Judgement in the case is due to be given in around six weeks’ time.

In January 2020 the MoD refused to answer a Freedom of Information (FoI) request from Drone Wars UK seeking the number of UK Reaper flights that had taken place outside of Operation Shader during 2019 and their location. The request was refused both on national security and international relations grounds. Subsequently, Ministers refused to answer questions both in the House of Commons and the House of Lords about the sorties, claiming that Reaper was an ‘intelligence, surveillance and reconnaissance platform’ and that Ministers “do not comment on intelligence matters.”

Labour MP Clive Lewis wrote directly to the Secretary of State, Ben Wallace, about the matter and was told in response:

“REAPER is not conducting strike operations outside those theatres for which Parliament has approved the deployment of UK Armed Forces. The vast majority of REAPER missions are reconnaissance and surveillance operations and as I am sure you can understand, to reveal where it is conducting those missions would provide valuable information to our adversaries.”

Clive Lewis and crossbench Peer, Baroness Viviane Stern, member of the All Party Parliamentary Group on Drones and Modern Conflict submitted written statements to the Tribunal urging the need for transparency. Mr Lewis argued that  the refusal to answer questions about the deployment of Reaper is “a serious backward step in terms of transparency and accountability.”

Baroness Stern stated:

“Despite repeated attempts by myself and colleagues to attain even the most basic information about the UK’s drone deployments, policy, and commitments, Parliament has not been provided with the accurate and timely information needed to meaningfully carry out its constitutional scrutiny role. Whilst certain details must be kept secret in order to ensure operational and national security, the current trend of withholding information about the use of drones purely because it is seen as an “intelligence” asset, as well as withholding vital information on the UK’s growing military capabilities and commitments is deeply concerning and unjustified.”

In court, the MoD argued against the release of the information on two grounds.  Firstly, that the information was exempt from release under Section 26 of the Freedom of Information Act, arguing that the information would prejudice the capability, effectiveness or security of relevant forces.  Secondly, it argued that release of the information was exempt under Section 27 of the Act, in that its release would prejudice relations between the United Kingdom and any other State and/or the interests of the United Kingdom abroad.  Read more →

Drone Wars continues to pursue details of secret UK drone operations

Chris Cole

Drone Wars is undertaking legal action in an attempt to gain details of secret British Reaper drone operations that has been taking place since at least 2019.  Appealing against the MoD’s refusal to answer both FoI requests and parliamentary questions about these missions, Drone Wars is seeking answers before an Information Tribunal.

Drone Wars discovered in early 2020 that the UK was flying Reaper missions outside of ‘Operation Shader’, the name of the UK’s military operation against ISIS in Iraq and Syria.  Although the MoD acknowledged that such missions were taking place, it flatly refused to detail their location or the number of sorties that had been undertaken.  According to the latest FoI response from the MoD (Jan 2021) it appears these secret sorties are continuing.

After an internal appeal to the MoD was rejected in early 2020, Drone Wars appealed to the Information Commissioner’s Office (ICO) in April 2020 with a response received in January 2021. Although the Commissioner accepted that there is “significant and weighty public interest in disclosure of the withheld information,” she ultimately upheld the refusal to release the information following undisclosed submissions made to the ICO by the Ministry of Defence. Read more →

Benchmarking police use of drones in the UK

Benchmarking police use of drones in the UK

Chris Cole with Jonathan Cole

As part of our work looking at the opening of UK skies to large ‘beyond visual line of sight’ drones for surveillance and security purposes, we undertook a comprehensive Freedom of Information (FoI) survey of police use of drones in order to benchmark current police use.

In particular we wanted to investigate:

  • if the use of drones by the police had already increased since 2017 (when HM Inspector of Constabulary reported that 28 of the 43 forces in England and Wales had either purchased a drone or had ready access to one;
  • in which way police forces were using drones;
  • if police forces had taken advantage of the special permission granted to them by the Civil Airspace Authority (CAA) to use drones during the COVID-19 outbreak.

While current police use of drones is restricted to small, quad-copter type systems, police are trialling the use of much larger, military-grade drones that can stay airborne for much greater periods of time. Read more →