Data sharing agreement the MPS has with MOPAC & IOPC related to complaints from the public

Freedom of information request reference no: 01.FOI.22.027304

I note you seek access to the following information:

1) A copy of the data sharing agreement that the MET has with MOPAC related to complaints from the public.

2) A copy of the data sharing agreement that the MET has with the IOPC related to complaints from the public.

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

In respect of question 2, I can confirm that there is no data sharing agreement between the MPS and the IOPC relating to complaints from the public as this agreement is laid out in Statute.

Section 40(2)(3)&(4) - 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), 3B and 4A of the Act.

There are six data protection principles that are set out in Section 34 of the Data Protection Act 2018. The first principle requires that the disclosure of the requested personal data must be lawful and fair. Under the Act, 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.

The requested records contain the following types of personal data that I consider exempt under the Act:

Personal full names of living individuals

Having considered the release of the identified personal data, the MPS has found, having considered the legitimate interest test, that whilst there is an element of public interest in the recorded information, the information requested is uniquely personal to individuals in respect of their personal lives. The disclosure of the requested information is not necessary to meet a legitimate interest as the MPS disclose information within this response that does not risk identifying or misidentifying individuals, which meets the public interest.

The provision to refuse access to information under Section 40(2)(a)(b) and (3A)(a) of the Act is both absolute and class based. When this exemption is claimed, it is accepted that harm would result from disclosure. There is accordingly no requirement to demonstrate what that harm may be in refusing access to information.

Disclosure

Please find below information pursuant to your request above.