Project Alpha DPIA

Freedom of information request reference no: 01.FOI.23.029557

I note you seek access to the following information:

I note the following:
"The Project Alpha team are currently in the process of developing a new Microsoft Power App for use as a ‘record of work, plus data/metric collection and tasking tool, which will be included in the DPIA review. The development has taken longer than expected and therefore the review of the DPIA has been delayed. The use of the Power App represents the only material change to the way Alpha processes and retains data. We would be happy to share a redacted cope of the review once complete.:

• Has the DPIA review since been completed?
• If so, please provide a copy of the DPIA review or let me know where it can be located

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:

Sec 31(1)(a)(b) – Law Enforcement
Sec 40(2)(3A)(a) – Personal Information
Section 22 – Information intended for future Publication

Reason for decision

Some of the information contained within the attached reports consists of personal data and MPS Intelligence which is being withheld from disclosure under the following exemptions:

Section 31(1)(a)(b) – Law Enforcement - In considering whether or not I should release the information I have considered the potential harm. We cannot provide information that will reveal MPS Intelligence, to do so could harm the investigation methods that are used and place the MPS at risk of compromise. Intelligence is sensitive and cannot be shared.

Whilst it is paramount to uphold the principles underpinned by the FoIA, it is equally important to balance those considerations in maintaining the exemption. Therefore, whilst I am of the opinion that the release of the requested information would allow the MPS to remain transparent and actively promote public discussion which is underpinned by FoIA, the current or future law enforcement role of the MPS may be compromised by the release of intelligence.

I have determined that the full disclosure of the above information would not be in the public interest. I consider that the benefit that would result from the information being disclosed does not outweigh the considerations favouring non-disclosure.

Section 40(2)(3A)(a) – Personal Information - The Freedom of Information Act provides an exemption for Personal Data and this is known as the section 40 exemption.

Some information sought under your Freedom of Information request relates to named individual officers. We consider this to be the Personal Data of those individuals.

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 3(A), 3(B) and 4(A) 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 specified within Article 5(1) of the General Data Protection Regulation (GDPR).

In this instance I have decided that the disclosure of the Personal Data would be incompatible with the first Data Protection principle which requires that personal data shall be:

‘processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

Under the Data Protection Act 2018, 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.

Section 22(1)(a)(b)(c) Section 22 – Information intended for future Publication - (a)the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not),

(b)the information was already held with a view to such publication at the time when the request for information was made, and

(c)it is reasonable in all the circumstances that the information should be withheld from disclosure until the date referred to in paragraph (a).

Disclosure

Please find attached the information pursuant to your request for the August review.

As per our correspondence, I can confirm that the revised documents from the ongoing review of the DPIA will be published in due course, for this reason I am also relying on the following exemption for information intended for future publication:

Section 22 – Information intended for future Publication