Antisemitism and Islamophobic hate crime from 7 October to 7 November (2018-2023)
Freedom of information request reference no: 01.FOI.23.033674
I note you seek access to the following information:
Please disclose whether there have been more Anti-Semitism or Islamophobic hate crimes or hate incidents recorded by the Metropolitan Police since the start of the Israel - Hamas War on Saturday 7 October 2023.
If so, please provide the statistics of such recordings, as well as a comparison with statistics recorded before the war started.
Please also disclose whether the additional records of Anti-Semitic and Islamophobia have resulted in action being taken against the suspect, i.e. whether they have been cautioned or charged to appear at court.
Decision
Having located and considered the relevant information, 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)(3) - Personal information
Reason for decision
When a request is made under the Freedom of Information Act 2000 (the Act), a public authority must inform you, when permitted, whether the information requested is held. It must then communicate that information to you. If a public authority decides that it is cannot comply with all or part of a request, it must cite the appropriate section or exemption of the Act and provide you with a suitable explanation. It is important to note that the Act is designed to place information into the public domain, that is, once access to information is granted to one person under the Act, it is then considered public information and must be communicated to any individual should a request be received. This is best demonstrated by the FOI disclosures on the Disclosure Log section of the MPS website:
I have considered your request for information regarding:
• Antisemitism and Islamophobia offences broken down by outcomes (whether they have been cautioned or charged to appear at court) from 7 October to 7 November for 2018-2023.
The above requests for information is exempt under:
• Section 40(2)(3) - Personal information of the FOIA.
You have requested specific recorded data relating to the number of Anti-Semitism and Islamophobia offences.
This information is not suitable for public consumption. Should the MPS publish the requested data as specified within the scope of your request broken-down by outcomes showing low numbers of records, it would be at such a level that would make the identification of individuals (perpetrators/victims) extremely possible. To produce and publish this information would not be lawful, fair or in line with our processing commitments. Thus, disclosure of the information requested, relating to Aggravated Burglaries, is exempt in accordance with Section 40(2)(3A)(a) of the Act – Personal Information.
When looking at disclosing the requested information, I have considered various pieces of guidance, including the ICO’s guidance which examines a number of issues relating to the disclosure of crime data.
I have, when looking at the data, considered the following, broadly equivalent factors when making my decision:
• The time periods.
• Sensitivity of the crimes.
• The availability of other sources of information.
• The effect on victims/perpetrators.
It is often believed that such information, is unlikely to allow anyone to actually identify those and ‘there would be no way of knowing who these people were unless you were a witness to the crime’ for example. However, when considering identifiability, we have to assume that we are not looking just at the means reasonably likely to be used by the ordinary person in the street, but also the means that are likely to be used by a determined person (or a ‘motivated intruder’) with a particular reason to want to identify individuals. Examples would include investigative journalists, estranged partners, stalkers, to name but a few.
If this level of data was to be disclosed, it could be pieced together with information already known by individuals or already in the public domain in order to identify the individuals involved. For example, individuals may be partially aware of certain details of an alleged crime through word of mouth, witnessing an incident or police presence.
Therefore, where the request is seeking information that would essentially allow access to third party personal data (such as in this case) the Section 40(2) exemption may be engaged.
Section 40(2)(3)&(4) - Personal Information.
The Freedom of Information Act provides an exemption for Personal Data and this is known as the section 40 exemption.
The information sought under your Freedom of Information request (broken-down by outcomes), includes the following which we consider to be Personal Data:
• Anti-Semitism and Islamophobia offences.
Where the request is seeking access to third party personal data the section 40(2) exemption may be engaged.
In order to apply the Section 40(2) exemption, the disclosure of the requested information must satisfy either the first, second or third conditions as defined by subsections 3A, 3B and 4A of the Freedom of Information Act 2000 (as amended by Section 58 of the Data Protection Act 2018).
The first condition ensures that the exemption would apply in circumstances where the disclosure of the information would breach any of the Data Protection Act 2018 principles.
There are six Data Protection principles set out in the 2018 Act and these can be found at section 34.
In this instance I have decided that the disclosure of the Personal Data would be incompatible with the first Data Protection principle which states that the processing (in this case the disclosure) of the data must be both lawful and fair.
Disclosure
I have disclosed the following information:
• The number of Anti-Semitism and Islamophobia offences from 7th October to 7th November for 2018-2023.
Please find attached a spreadsheet in which the requested information has been provided.
IMPORTANT:
• Please ensure that the note section within the spreadsheet is read in conjunction with the data in this report to ensure that it is interpreted correctly.