Assistance with MPS Film Unit & Television Shoots in 2020

Freedom of information request reference no: 01.FOI.22.026022

I note you seek access to the following information:

1. How many films and television shoots required the services of The Metropolitan Police Service Film Unit and the
2. Names of the films and television shoots, subject to any applicable exemptions?

Clarification:
The period of time will be 2020-2021.

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 43(2) exemption - Commercial Interests.

Reason for decision

Section 43(2) exemption - Commercial Interests - (2) Information is exempt information if its disclosure under this Act would, or would be likely to prejudice the commercial interests of any person (including the public authority holding it).

If the MPS were to release the requested information in full it would reveal sensitive information that would prejudice our commercial interests. Commercially Sensitive relate to productions that have not yet featured on national TV and may not be publicly known, and/or productions that we are currently involved with. The production companies that the MPS work with share commercially sensitive information regarding productions that would only be known to the MPS and other agencies. To prematurely release information of this nature into the public domain without the consent or agreement of a production company would amount to a severe breach of trust and confidence, such that the MPS would likely lose business and therefore income. This would prejudice ongoing and future partnership work of this nature.

Disclosing the requested information in full would be prejudicial to the commercial interests of the MPS, as it would cause irreparable damage to relations between the MPS and the relevant production companies, such that the production companies would need to rewrite scripts. There would be a breach of mutual trust, confidence and respect, which is fundamental to the MPS’s ability to form mutually beneficial commercial relationships. Production companies would be less willing to engage with the MPS through fear of disclosure via the Freedom of Information Act or by other means, which would impact upon the selling of our services in the future. The release of market-sensitive information would operate to the disadvantage of the MPS, as it would weaken the position of the MPS within a commercial environment, and potentially affect our ability to effectively run the Film Unit. This would have a harmful effect on current partnerships, as well as future partnerships when entering into commercial activities.

Whilst we note that the provision of the requested information in full would ensure that the MPS remain open, transparent and accountable, this is outweighed by the need for the MPS to maintain its bargaining position within a commercial environment. Having considered the public interest, I have therefore concluded that the public interest more strongly lies in favour of withholding the production names in accordance with Section 43(2), because its release would prejudice the amount of revenue generated and thereby have a detrimental impact on the MPS’s commercial interests.

Furthermore, as any revenue generated by the MPS can support the prevention and detection of crime and/or the apprehension and prosecution of offenders, it would not be in the public interest to disclose information that would likely compromise this. I believe this risk, as outlined above, is both real and likely. In view of this, I have found that the public interest lies in favour of preserving the commercial interests of the MPS.

I have disclosed the located information to you in response to question 1 of your request. In response to question 2 of your request, I have refused to release the names of the films and television shoots due to commercially sensitive information and potential damages to MPS by doing so.

Film and TV productions work with the MPS Film Unit and although not under any NDAs (Non-Disclosure Agreement), work under strict confidentiality. By disclosing names and details of these productions would be in breach of trust.

Disclosure

There were 47 different productions we worked with between the period of Jan 2020 – December 2020.