Freedom of information request reference no: 01.FOI.25.042669
I note you seek access to the following information:
Thank you for this information ((01/FOI/25/042395/X),
I just wanted to follow this up to ask if you would be able split the information up into the following periods:
- September to December 2023
- January to March 2024
- April to August 2024
- September to December 2024
Finally, please could I just ask for clarification regarding the difference between section 008/62 and 008/63 as both state the same thing (Threaten with a blade or sharply pointed article on school/ further education premises).
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 40(2)&(3A)(a) - Personal data
Reason for decision
I have refused to provide a breakdown of the outcomes of the following offences:
•008/62 - Threaten with a blade or sharply pointed article on school/ further education premises - Possession of Article with Blade or Point.
•008/63 - Threaten with a blade or sharply pointed article on school/ further education premises - Possession of Other Weapons.
In refusing to provide the information requested, I have relied on the following provisions of the Act:
• Section 40(2)&(3A)(a) - Personal data
Section 40(2)(a) and (b) of the Act provides that information is exempt if the first condition in section 40(3A)(a) is met. This condition applies where disclosure of the information would contravene one or more data protection principles.
The data protection principles are set out in Article 5(1) of the GDPR, with the first principle requiring that personal data be processed lawfully, fairly and transparently. Under Article 6(1)(f), disclosure of personal data may only be lawful where it is necessary to meet a legitimate interest and does not result in unwarranted harm to the data subject.
Accordingly, disclosure is permitted only where a legitimate interest exists, the disclosure is necessary to satisfy that interest, and the impact on the individual does not override those interests.
Having considered the legitimate interest in disclosure, I have determined that the requested information constitutes personal data. The offences concerned are extremely low in number, with only 17 offences recorded under offence code 008/62 and 11 under offence code 008/63 across the MPS area. Providing a detailed breakdown by specific time periods would therefore create highly granular outcome data.
Disclosure of outcome data at this level of detail would risk enabling individual cases to be identified. For example, showing specific outcomes within a short reporting period could allow those familiar with a victim or suspect to determine how a particular case was concluded by the MPS.
While disclosure may serve a legitimate interest in transparency and accountability, it is unlikely that victims would reasonably expect identifiable updates about their criminal cases to be made public. Such disclosure would be unexpected and could cause distress, amounting to unwarranted harm. On this basis, the information has been withheld.
Where disclosure would reveal updates about suspects in criminal investigations, this would amount to personal criminal offence data. Guidance from the Information Commissioner confirms that such data includes information about allegations, investigations, proceedings, outcomes, and related penalties or restrictions, including cases where no conviction has been secured.
Disclosure of Criminal Offence Data
Criminal offence data is highly sensitive and can only be disclosed under FOIA or the EIR in limited circumstances. Lawful disclosure is permitted only where the individual has given consent or where the data has clearly been made public by the individual themselves. If neither condition applies, disclosure would be unlawful and breach data protection principles.
Disclosure
I have disclosed the located information to you in redacted format, that is, I have provided the outcomes, in respect of the following offences:
• 008/27 - Having an article with blade or point on school premises/further education premises - Possession of Article with Blade or Point.
• 008/28 - Possession of other offensive weapon on school premises/further education premises - Possession of Other Weapons.
I have refused to provide a breakdown of the outcomes of the following offences:
• 008/62 - Threaten with a blade or sharply pointed article on school/ further education premises - Possession of Article with Blade or Point.
• 008/63 - Threaten with a blade or sharply pointed article on school/ further education premises - Possession of Other Weapons.