Operational Order for New Years Eve for 31 December 2023

Freedom of information request reference no: 01.FOI.24.034985

I note you seek access to the following information:

Please supply a copy of the Operational Order for New Years Eve (31 December 2023) event policing operation (specific to the fireworks display and event area in Central London - not any other pan-London operations).

I understand that there may be several documents linked to this request and go over several pages, therefore for clarity: this request is just specifically for the main operational order that would be sent out to silver, bronze commanders and regular officers for the standard and public order deployment for the event.

Generic op orders loosely linked to the event can be discarded as not part of this request, if this would streamline things for the disclosure office as my intention is not to cause an overburdensome disclosure.

If it would make things easier, you could send a list of the title of documents linked and I can reply with which ones I would like or which ones are not relevant to my request?

I understand that some of its information (such as names/personal details and policing tactics) may be subject to exemptions under the FOI act. I politely request that this is redacted and the document still be supplied in a redacted form.

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)(3)(a) – Personal Information

Reason for decision

This 84 page document is an in-depth Operational Order for New Year’s Eve 2023. It contains operational instructions to staff employed for this event, with focus on intentions, information and intelligence, risk assessments, communications and more. It is designed to give staff all relevant information required for the forthcoming event.

Some information contained within this document, if released, could reveal tactical capabilities, which could be exploited by those wishing to avoid detection / apprehension for crimes policed by these teams.

Section 31(1) – Law Enforcement - In this instance, disclosure of the redacted information would be likely to prejudice our ability to successfully police further New Year’s Eve events as this is yearly event in the same location. Releasing the redacted information may reveal vulnerabilities thus inhibiting our ability to fulfil our core policing functions of preventing and detecting crime, and apprehending those responsible.

Release 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 during any major event.

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 the MPS.

The disclosure of this information to the public by the MPS would undermine the MPS's ability to properly police public events and would allow those wishing to cause disruption to use the information to assist in evading detection should they be planning any unlawful acts.

Section 40(2)(3)(a) – Personal Information - For such disclosure to be lawful, it would be necessary to satisfy a condition within Article 6 of the GDPR. Article 6 sets out the six lawful bases, applying to all processing; one of which must be in place in every case of disclosure of personal data, in accordance with the first data protection principle.

Here, we need to balance the rights and freedoms of the individuals involved with any legitimate public interest in disclosure. Any further disclosure of the requested information inlcuding names of officers, under FOIA legislation is not necessary to meet a legitimate interest, particularly when considering the distress that is likely to be caused to victims and individuals with the disclosure of wholly personal information via an FOIA request.

With this in mind, the data subjects in the circumstances of your request would have a legitimate expectation that this type of personal data would not be used for non-policing purposes (i.e. FOIA requests – disclosures for which are also placed on the MPS website Publication Scheme).

Any further disclosure in the circumstances of your request would be unlawful and would therefore contravene the first data protection principle. I have therefore applied the exemption provided under Section 40(2) of the Freedom of Information Act to this information as the first condition, defined in subsection (3A)(a) of Section 40 has been satisfied.

Disclosure

Please find below redacted PDF document