Policies regarding gender reassignment/transgender/non-binary officers, staff and volunteers

Freedom of information request reference no: 01.FOI.22.023208

I note you seek access to the following information:

1. Your force’s current policy relating to GENDER REASSIGNMENT for officers, staff and volunteers.
2. Your force’s current Stop & Search policy as it relates to TRANSGENDER officers, staff and volunteers.
3. Your force’s current Stop & Search policy as it relates to NON-BINARY officers, staff and volunteers.
4. Your force’s current action plan on LGBT+ inclusion.

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)(3a)(a) – Personal Information

Reason for decision

The names of some officers and staff members named in the requested correspondence, do not hold roles where they would reasonably expect their names to be published in response to a Freedom of Information Act request. I have not therefore identified a legitimate interest that would be satisfied in disclosing their personal data in response to this request for information.

Section 40(2)(3)(a)(b) – Personal Information - 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 (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 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.

Disclosure

Please find attached information in relation to your request. The MPS stop and search policy is currently under full review and this review will include how our stop and search policy relates to transgender and non binary officers.

Strategy and Goverance - Stop and Search Questions and Answers (met.police.uk)