Misconduct relating to theft offences from January 2017 to April 2022

Freedom of information request reference no: 01.FOI.22.024369

I note you seek access to the following information:

REQUEST 1:
I would like any misconduct outcomes that relate to theft, theft from a person, business (shoplifting), burglary.

In the last 5 years please

REQUEST 2:
I would like the meeting notes and outcomes for the last 5 years for all misconduct hearings that amount to thief. Theft from a person, a business, shoplifting ect.

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) – Personal Information

Reason for decision

Unfortunately, we have not been able to provide you with Information relating to the notes as requested in request 2. This is due to the fact that the release of this information would lead to identification of living individuals, and would constitute criminal offence personal data.

Section 40(2)(3) – Personal Information - The MPS, like all UK public authorities are obliged to comply with the Data Protection Act 2018.
Part I section 3 of the Data Protection Act 2018 states:

(2) “Personal data” means any information relating to an identified or identifiable living individual …
(3) “Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to—
(a) an identifier such as a name, an identification number, location data or an online identifier, or
(b) one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.

Criminal offence data

The requested information constitutes personal data relating to criminal convictions and offences or related security measures (as defined in UK GDPR Article 10 and Section 11(2) of the Data Protection Act 2018), specifically information relating to:

• proceedings for an offence committed or alleged to have been committed by one or more data subjects or the disposal of such proceedings, including sentencing.

The ICO’s guidance titled ‘Personal information (section 40 and regulation 13) states:

‘In order for you to disclose criminal offence data lawfully, under Article 10 of the UK GDPR, in addition to an Article 6 basis for processing, the disclosure must either:
• be carried out under the control of official authority; or
• meet a specific condition in Schedule 1 of the DPA.

In the UK there is currently no definition of an official authority in this context. Therefore, for the purpose of considering the disclosure of such information under FOIA or the EIR, you need to consider whether any of the conditions in Schedule 1 of the DPA apply…

Due to its sensitivity, the conditions for processing criminal offence data are very restrictive and generally concern specific, stated purposes. Consequently, only two are relevant to allow you to lawfully disclose under FOIA or the EIR. They are similar to those identified above for special category data. These are:
• consent from the data subject; or
• the processing relates to personal data which has clearly been made public by the individual concerned.

If a relevant condition cannot be met, you must not disclose the information as disclosure would be unlawful and therefore in contravention of principle (a).’

The processing of this data by way of disclosure for the purposes of responding to a FOIA request does not meet a specific condition within Schedule 1 of the DPA.

In the circumstances of your request, disclosure would contravene the first data protection principle, specified within Article 5(1)(a) of the UK GDPR which requires that personal data shall be:

‘processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);’

Disclosure

Please find attached spreadsheet containing the information we are able to release to you.