Minutes of IAG meetings in 2023

Freedom of information request reference no: 01.FOI.24.037495

I note you seek access to the following information:

I’m seeking minutes of all meetings of the following MPS Independent Advisory Groups held since 1 January 2023:

DPS IAG
MO6 IAG
Trident IAG

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)(b) - Law Enforcement
Section 40(2)(a)(b) and (3)(a)(i)(ii)(b) - Personal information

Reason for decision

Section 31(1)(a)(b) – 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.

Disclosure 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 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 unredacted information and intelligence 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.

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 names of individuals, 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(2)(3)&(4) - 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.

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.

The MPS located six IAG minutes from MO6 – Public Order. Redactions were made as to disclose names of individuals 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 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.

The DPS IAG launched in August 2019 and was held quarterly with its last recorded meeting being held in July 2021.
The DPS Community Reference Group (CRG) was formed in December 2022 with some but not all members taken from the previous DPS IAG. New members were recruited to broaden community representation and focus on the MPS Turnaround Plan rather than specific or sensitive incidents that may impact on public trust and confidence.

In addition, there are no minutes of any Trident IAG meeting as Trident do not have an IAG.

Disclosure

Please see below six redacted minutes from MO6 – Public Order.