Forensic Services Risk Register

Freedom of information request reference no: 01.FOI.23.032017

I note you seek access to the following information:

Can you advise if a request for the following information from the Forensic Services Risk Register would be likely to fall within the cost limit?

Tab 1: Key
Tab 2: Guidance
Tab 4: Risks Archive (columns 2-8)
Tab 6: Issues Archive (columns 2-8)”

Clarification -
Thank you for your email.

I have had another look and believe I can complete this request within FOIA limits.

I would suggest that we include column 1, as well as column 2-8, as this reference number is often unique and will facilitate follow-up questions from yourself (should disclosure take place).

I will get this FOIA logged and allocated back to me to process. Please use me as a point of contact for this request.

Clarification -
Thanks ********, much appreciated. Happy to include column 1 as per your suggestion.

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 31(1)(a) - Law Enforcement
Section 40(2)&(3A)(a) - Personal Information

In disclosing this record to you, I have refused to provide the personal data of police employees that do not hold senior ranks within the MPS. I have also refused to provide the personal data of an external contractor and any information that would be prejudicial to the prevention and detection of crime. Any information removed has been replaced with a series of asterisks (i.e. *********).

Reason for decision

Section 31(1)(a) - Law Enforcement - of the Act provides that any information is exempt if its disclosure under the Act would, or would be likely to, prejudice the prevention or detection of crime.

I have claimed this exemption in that the release and publication of the detail of a number of identified risks to the operational capability of the Forensic Services Directorate, would provide persons intent on disrupting the work of the MPS, with information that would allow them to target these risks. This would be prejudicial to the ability of the MPS to detect crime.

The Forensic Services Risk Register Archive sets out identified issues and risks to the effective operation of the Forensic Services Directorate and the steps that were taken to mitigate those risks. Whilst these risks are historic, the provision of the detail of a number of risks would provide persons intent on causing disruption to the operation of the Forensic Services Directorate, with information that would allow specific vulnerabilities to be targeted. Should a person with this intent target the Forensic Services Directorate, this would disrupt its ability and that of the MPS, to function efficiently. Ultimately the public release of this information would be likely to adversely affect the ability of the MPS to detect crime and apprehend those that commit offences, contrary to the public interest.

Having considered your request, I accept that there is a public interest in transparency when any request is made for police information. The public interest favouring release must be balanced against any associated risk and/or prejudice that would be caused through disclosure. Having carefully considered this, I have found that that the public release of the detail unpinning a number of identified risks, would provide persons intent on disrupting the work of the MPS Forensic Services Directorate, with information that would assist them in this endeavour. Should this Directorate be targeted, this would be likely to adversely affect the ability of the MPS to detect crime and apprehend those that commit criminal offences. For these reasons, I have found that the public release of this information is not in the public interest. I have accordingly refused to release this information to you.

Section 40(2)&(3) - 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) 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.

Names of MPS Members of Staff - The requested Forensic Services Risk Register contains the names of persons holding the rank of Superintendent and below and Band A and below. Having considered the legitimate interest test in respect of this personal data, I have found that:

a. The employees holding the rank of Superintendent and below (for police officers) and/or Band A and below (for police staff), are unlikely to expect their names to be published in response to this Freedom of Information Act request. Given their roles and level of responsibility within the MPS, I have not identified a legitimate interest that would be satisfied in disclosing their personal data in response to this request for information.

Name of an Individual Contractor - The requested Forensic Services Risk Register contains the name of an individual contractor that was employed by the MPS. Having considered the legitimate interest test in respect of this personal data, I have found that:

This contractor is unlikely to expect their name to be published in response to this Freedom of Information Act request. Given their role and level of responsibility, I have not identified a legitimate interest that would be satisfied in disclosing their personal data in response to this request for information.

Disclosure

Tabs 1, 2, 4 and 6 of the Forensic Service Risk Register have been disclosed to you.

Please find attached alongside a spreadsheet in which the requested information has been provided.

CONTEXT
The issues and risks disclosed in response to this request for information have been archived, meaning that each identified risk or issue has now been addressed by the MPS. This is evident across each of the risks/issues in the risk register where the actions taken mean that each risk / issue is now considered to be resolved by the MPS.

DUTY TO ADVISE AND ASSIST
Under Section 16 of the Act, there is a duty to advise and assist those that have made, or intend to make, a request for information. In accordance with this duty, I can confirm that the MPS publishes information about various types of crime on its website. I have provided a link to this information below.

MPS Website: Stats and Data

It may also assist you to note that the MPS proactively publishes all disclosures made in response to requests made under the Freedom of Information Act 2000 on its Publication Scheme. I have provided a link to this section of the MPS website below.

MPS Publication Scheme

The MPS Publication Scheme can be searched using keywords and may accordingly hold other information that is of interest to you.