Information connected to a data breach

Freedom of information request reference no: 01.FOI.24.034386

I note you seek access to the following information:

It has been stated that - We do not consider any of these processing activities gave rise to a notifiable personal data breach pursuant to Article 33 UK GDPR.

1. Can you provide me with a copy of the documents and analysis upon which the decision was taken that the acknowledged personal breach was deemed to be not notifiable to the Information Commissioners Office (ICO)?
2. I would appreciate a copy of the numbers of page visits to all sites with the phrase “/rape-sexual-assault-other-sexual-offences/ from 1 January 2022 until 30 November 2023 broken down

        - By Month
        - By Police Force

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 42(1) - Legal Professional Privilege

Reason for decision

It is important to note that a Freedom of Information Act request is not a private transaction. Both the request itself and any information disclosed are considered suitable for open publication, 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. Any information released under the Act must also published on the MPS website.

Having located and considered the relevant information with reference to Q1 - Can you provide me with a copy of the documents and analysis upon which the decision was taken that the acknowledged personal breach was deemed to be “not notifiable” to the Information Commissioners Office (ICO)?

Section 42(1) – Legal Professional Privilege - Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings, is exempt information.

The MPS have a need to safeguard openness in all areas of communication between client and lawyer, to ensure access to full and frank advice. The information sought in this requests relates to the legal advice provided to the MPS and its release would impede the relationship between the MPS and Legal Advisors, thereby hindering the law enforcement role of the MPS.

Having considered your request, I accept that there is a public interest in transparency when requests are made for police information of this nature.

However, we will not release any information that would harm the relationship between the MPS and its Legal Advisors. The client’s (in this case the MPS) ability to speak freely and frankly with its legal advisor in order to obtain appropriate legal advice is a fundamental requirement of the English legal system and the concept of legal professional privilege protects the confidentiality of communications between a lawyer and client. This helps to ensure complete fairness in legal proceedings.

I consider that the benefit that would result from the information being disclosed does not outweigh disclosing information relating to the legal advice provided to the MPS and information generated in confidence by individuals who contributed to this process.

Disclosure

I have today decided to provide some of the information requested with reference to
Q2 - I would appreciate a copy of the numbers of page visits to all sites with the phrase “/rape-sexual-assault-other-sexual-offences/ from 1 January 2022 until 30 November 2023 broken down

- By Month
- By Police Force

With reference to Q.2, please find below information requested.