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Freedom of information request reference no: 01.FOI.23.028314
I note you seek access to the following information:
I write to request information and records under the FOIA in relation to facial recognition deployments.
• A copy of Community Impact Assessment for the Met’s most recent 3 overt facial recognition deployments.
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 31(1)(a)(b) - Law Enforcement
Section 40(2)(a)(b) and (3)(a)(i)(ii)(b) Personal Information
Reason for decision
Before I explain the reasons for the decisions I have made in relation to your request, I thought that it would be helpful if I outline the parameters set out by the Freedom of Information Act 2000 (the Act) within which a request for information can be answered.
The Act creates a statutory right of access to information held by public authorities. A public authority in receipt of a request must, if permitted, confirm if the requested information is held by that public authority and, if so, then communicate that information to the applicant.
The right of access to information is not without exception and is subject to a number of exemptions which are designed to enable public authorities to withhold information that is not suitable for release. Importantly, 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.
For the Community Impact Assessments requested redactions were made as to disclose names of individuals, phone numbers, email addresses and details of specific policing tactics and intelligence such as what resources are used and where they are located and how the police operate under certain conditions etc which could cause an individual to be identified and interfere with any ongoing investigation and prejudice the prevention and detection of crime and the apprehension or prosecution of offenders. This cannot be allowed.
Section 31 – Law Enforcement - The MPS is charged with enforcing the law and preventing and detecting crime. Any information released under the Act which reveals information related to the gathering of intelligence and police strategies and tactics would prejudice the prevention and detection of crime and the apprehension or prosecution of offenders.
Disclosure of details of specific policing tactics and intelligence such as what resources are used and where they are located and how the police operate under certain conditions etc risks providing information to those that may wish to cause harm or circumvent police tactics.
Release would have the effect of compromising law enforcement processes and would also hinder the ability of the MPS to fulfil its primary aim of enforcing the law and protecting the public.
Disclosure would technically be releasing sensitive operational information into the public domain which would enable those with the time, capacity and inclination to try and map strategies and tactics used by police forces.
The harm identified above, is reduced by not disclosing names of individuals, phone numbers, email addresses and details of specific policing tactics and intelligence such as what resources are used and where they are located and how the police operate under certain conditions etc to ensure the identity of subjects captured by this request is not revealed.
The disclosure of this information to the public by the MPS would undermine the MPS's ability to properly police public order events and other routine policing duties. Release of the redacted information would allow those wishing to disrupt public order events to use the information to assist in evading detection should they be planning any unlawful acts.
I have determined that the disclosure of the Community Impact Assessments in full would not be in the public interest.
The MPS has a duty of care to the communities served. In view of the arguments provided above, it is our opinion, that disclosure in full of names of individuals, phone numbers, email addresses and details of specific policing tactics and intelligence such as what resources are used and where they are located and how the police operate under certain conditions cannot be permitted.
Section 40 - Personal Information - Section 3 of the Data Protection Act 2018 confirms that information which relates to an identified or identifiable living individual is Personal Data.
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 includes the following which we consider to be Personal Data, names of individuals, phone numbers, email addresses, etc.
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 Schedule 19 of the Data Protection Act 2018, specifically Section 58 of that schedule).
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.
It should not be surmised that we are applying Sections 31 & 40 to the same pieces of information.
Disclosure
Some of the information you have requested is exempt by the virtue of Section 31(1)(a)(b) - Law Enforcement, also Section 40(2)(a)(b) and (3)(a)(i)(ii)(b) Personal information of the Act.
Please see attached redacted Community Impact Assessments