Standard Operation Procedure For Stop and Search

Freedom of information request reference no: 01.FOI.22.025335

I note you seek access to the following information:

1. Please provide a copy of the EIA Standard Operating Procedure referred to at the top of Page 2 in the following EIA for Stop and Search

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 40(2) & 40(3A)(a) – Personal Information

Reason for decision

One element of personal information has been withheld from the following document;

• ‘REDACTED EIA-Flowchart’

A Freedom of Information Act request is not a private transaction. Both the request itself, and any information disclosed, are considered suitable for open publication. This is because, under Freedom of Information, any information disclosed is released into the wider public domain, effectively to the world and not just to one individual.

Section 40 is an absolute and class-based exemption and if a request for information relates to third parties, it is absolute under Section 40(2) if disclosure would breach any of the data protection principles. There is therefore no requirement to either evidence harm in disclosure or conduct a public interest test.

Section 40(2)(3A)(a) – Personal Information - of the Act provides that any information to which a request for information relates, is exempt information if the first condition of Section 40(3A)(a) is satisfied. The first condition of Section 40(3A)(a) states that personal information is exempt if its disclosure would contravene any of the data protection principles. If the disclosure of the requested personal data would not contravene the data protection principles, the disclosure must also not contravene Sections 3A(b) and 3B of the Act.

There are six principles that are set out in Article 5(1)(a) of the General Data Protection Regulations (UK GDPR) that dictate when the processing of personal data is lawful. The first principle requires that any processing of personal data must be lawful, fair and transparent. Under Article 6(1)(f) of the UK GDPR, the disclosure of personal data is considered to be lawful if:

a. There is a legitimate interest in the disclosure of that personal data.
b. The disclosure of the personal data is necessary to meet that legitimate interest.
c. The disclosure would not cause unwarranted harm to the data subject.

Whilst some individual members of the public may feel there is to some degree a legitimate interest in the disclosure of the redacted personal information, there is not an overwhelming legitimate interest of full disclosure in consideration that the remaining information in the documents has been disclosed today. The remaining disclosure demonstrates accountability and transparency and is important to the MPS. The rationale for non-disclosure of a staff members name is based on the fact there is little necessity to disclose this personal information to meet a legitimate interest and that disclosure may cause unwarranted harm in its disclosure to the individuals to which the data refers.

Whilst there is an inherent legitimate interest in making information available upon request, disclosure is not necessary to satisfy the legitimate interest in disclosure and may cause unwarranted harm to a data subject. Consequently, it would be disproportionate to disclose the redacted information.

Disclosure

Please find the attached documents pertinent to the link you refer to in your request.

ADDITIONAL CAVEAT REGARDING DATA PROVIDED TODAY

Please note that the forms provided today were updated in 2022. It is for this reason that the information behind the link you have requested could not easily be located as it was no longer a working link. Documentation regarding EIA has since been updated in 2022.