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Freedom of information request reference no: 01.FOI.24.034936
I note you seek access to the following information:
Please provide me with the number of under i) 10s, ii) 10-13, and iii) 14-17 year olds stopped and searched with a more thorough search with intimate parts exposed for each year since 2016.
Please also provide me with the number of Under 17s females who were stopped and searched without an appropriate adult present where a more thorough search with intimate parts exposed was conducted for each year since 2016
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 38(1) – Health and Safety
Section 40(2)(3)&(4) – Personal Information
Reason for decision
To disclose the number of Stop and Searches and more thorough searches where intimate parts (MTIP) are exposed, made by Metropolitan Police Officers, broken down by age as requested above and where the total number of these searches is too low, could cause an individual to be identified and hinder any ongoing investigation. This cannot be allowed. Consideration must also be given to the mental state of the individual/victim/families if identified.
a
Section 31(1)(a)(b) - Law Enforcement - Disclosure of the number of stop and searches and more thorough searches where intimate parts (MTIP) are exposed made by Metropolitan Police Officers and broken down by age as requested above and where the total number of these searches is too low risks the identity of the victim/suspect being revealed. This may cause an investigation to collapse as the individual could be targeted, or undermine the confidence in the police.
Disclosure of the information requested could identify persons captured by the scope of this request. Individuals could analyse the information (and along with local knowledge) identify the individual concerned. This would hinder the prevention and detection of crime and also prejudice the MPS's ability to fairly conduct an investigation.
Section 38(1) - Health and Safety - Disclosure of the number of stop and searches and more thorough searches where intimate parts (MTIP) are exposed made by Metropolitan Police Officers and broken down by age as requested above and where the total number of these searches is too low will provide any person with knowledge of the offence, incident and where it took place, to use the information disclosed to work out who the individual may be and cause that person (or others) much distress and harm. This could compromise the mental health of the person involved or/and the ongoing or any other future investigation.
Disclosure of the number of Stop and Searches and More Thorough Searches Where Intimate Parts (MTIP) are Exposed made by Metropolitan Police Officers and broken down by age as requested above and where the total number of these searches is too low could jeopardise the mental state and safety of the individual. This will not be in the public interest. If this information was to fall into the hands of others involved/aware the information can be used to undermine the security and safety of the wider community and/or the person concerned.
Section 40(2)(a)(b) and (3)(a)(i)(ii)(b) - Personal Information - 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
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.
The harm identified above, is reduced by not disclosing low value statistics and by appropriate grouping ages as within this notice, to ensure the identity of subjects captured by this request is not revealed.
It is imperative that the safety and identity of those captured by this request, or the compromising of the investigation was not a factor, when trying to be transparent in disclosing as much information as possible. 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 the number of Stop and Searches and More Thorough Searches Where Intimate Parts (MTIP) are Exposed made by Metropolitan Police Officers and broken down by age as requested above and where the total number of these searches is too low cannot be permitted.
Disclosure
Please provide me with the number of under i) 10s, ii) 10-13, and iii) 14-17 year olds stopped and searched with a more thorough search with intimate parts exposed for each year since 2016.
Please also provide me with the number of Under 17s females who were stopped and searched without an appropriate adult present where a more thorough search with intimate parts exposed was conducted for each year since 2016
Please see below a spreadsheet in regards to your request above. As stated the information has been provided in such a way as to avoid identification of individuals.