Information about Operation Brocks

Freedom of information request reference no: 01.FOI.24.035714

I note you seek access to the following information:

I note that MPS has published Operation Brocks arrest data related to "every arrest, and its outcome in connection with major demonstrations and protests that have taken place in London during the period of October to December 2023, relating to the ongoing conflict between Israel and Hamas"

However, this published data does not indicate any arrests under the Terrorism Act 2000, despite MPS press releases indicating that at least two people were arrested and subsequently charged:

The MPS published data therefore seems incomplete, so please can you provide me with a breakdown of arrests using counter-terrorism powers, including

(a) the dates they occurred;
(b) whether arrests were made under section 13 of the Act or another part of the legislation;
(c) what the ages of those arrested were (if this is not possible, how many minors were arrested); and
(d) a disposal description in each instance?

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 21 - Information Accessible by Other Means
Section 40(2)(3) - Personal Information

NCND - Section 40(5) - Personal Information

Reason for decision

I am pleased to inform you that some information relevant to this request (covering the period October 2023 – December 2023) is already in the public domain, through the Crown Prosecution Service has published information on their website, as below.

CPS authorises charge against man following Whitehall demonstration | The Crown Prosecution Service

Section 21 - Information Accessible by Other Means - Therefore, this information has been identified as being accessible via other means as it is already published. Where information is already in the public domain the MPS are not required to re-publish the data; instead public authorities are required to direct you to the information, which we have done in this instance.

Section 40(2)(3) - Personal Information - of the Act, Public Authorities are able to withhold information where its release would identify any living individual and breach the principles of the Data Protection Act 2018 (DPA). I have applied this exemption in that to provide the age(s) of an individual(s) who had been arrested, but no further action taken, along with other details relating to that arrest that could lead to their identification, would constitute personal data which, if released, be in breach of the rights provided by the DPA.

The six principles of the DPA govern the way in which data controllers must manage personal data. Under principle one of the DPA, personal data must be processed fairly and lawfully. I consider that the release of an individual’s age who had been arrested but no further action taken, constitutes personal data. The release of this information would be unfair as the person(s) concerned would have no reasonable expectation that the MPS would make this information publicly available.

In reaching my decision, I have, in each case, given due regard to the condition at Article 6(1) (a) and 6(1) (e) of the GDPR. Condition one of the GDPR requires that consideration is given to whether consent for disclosure has been given whilst Condition six requires that consideration is given to performance of a public task in the public interest.

Having considered both conditions, I have established that no consent is present or would likely be received to release this information.

This exemption is both absolute and class based. When this exemption is applied, it is accepted that harm would result from disclosure. There is accordingly no requirement to consider whether release of information is in the public interest or demonstrate what harm would result from disclosure.

In addition, where no press lines exist, to provide the age(s) of individuals who although may have been arrested, but no further action taken, along with other details may lead to their identification, which therefore constitutes personal information. The release and publication of this information would breach the right to privacy afforded to persons under the Data Protection Act 2018 (DPA) and the General Data Protection Regulation (GDPR). Therefore, Section 40(2)(3) of the Act is also engaged.

In addition, the Metropolitan Police Service can neither confirm nor deny that it holds any further information relating to the arrest of minors as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemption:-

Section 40(5A)&(5B)(a)(i) - Personal Information of the Act provides an exclusion from the duty to confirm or deny whether personal data is held, if doing so would breach one of the Data Protection Principles. 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.

This request asks the MPS to confirm or deny whether any minors were arrested in relation to Operation Brocks (the demonstrations regarding the ongoing conflict between Israel and Hamas) during the period October to December 2023. Having given regard to the legitimate interest test, I have found that:

a. Confirming or denying whether information is held would satisfy a legitimate interest; being to provide factual information about whether these types of arrests have occurred.
b. Confirming or denying whether the information requested is held is necessary to satisfy the legitimate interest identified at point a. above.
c. The MPS has produced Public Order crime data for publication on the web page relating to Operation Brocks as detailed below.

Metropolitan Police Service (MPS)
Operation Brocks - Arrest Data from October to December 2023.xlsx

Crime data of this nature is typically published by the MPS where there is strong public interest and noting these demonstrations are of high media interest, leading to numerous requests being made under FOIA. Crime data is not however, published at a level where doing so would be likely, where information is held, to lead to identification and breach the rights provided by the Data Protection Act 2018. Where information is not held, the effect would be similar in identifying whether specific offences have not been reported to police.

The MPS has confirmed specific information relating to arrests, which includes the date and reason for arrest and disposal. Given this, confirming of denying whether any information is held relating to whether these concern minors would present a risk of disclosing personal data. For this reason, the MPS neither confirms nor denies that information is held in response to this part of your request.

However, no inference should be taken from this notice that any information is held or not held by the MPS

Disclosure

Two further records have been located relevant to this request.

The MPS holds press lines as below:

IF ASKED: Met counter terrorism detectives have arrested a woman on suspicion of a terrorism offence at a protest.

The 19-year-old woman from central London was arrested by Met officers in the area at approximately 07:30hrs on Wednesday, 31 January
She was arrested on suspicion of inviting support for a proscribed organisation, contrary to Section 12 of the Terrorism Act 2000. The proscribed organisation in this case is Hamas.

The alleged offence took place at a pro-Palestine protest in Camden on 19 October.
The woman was subsequently bailed to a date in late March 2024. Enquiries continue.

The arrest shows the Met’s continued commitment to pursuing to the fullest extent of the law allegations of support for a terrorist group.

Date: 04/11/2023.
Main Arrested Reason: Section 12 Terrorism Act
Disposal Description: NFA
Age: Exempt by virtue of Section 40