Forward Intelligence Teams

Dear Mr Andrews,

Freedom of Information Request Reference No: 2008120006203
I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 26 December 2008. I
note you seek access to the following information:

"1) Details of how individuals are identified for surveillance by the
Forward Intelligence Teams (FIT)
2) The information that is recorded about those who are subject to
surveillance?
3) How long the information in 2) is retained?
4) The individuals and organisations with access to the information in
2)
5) The rights of individuals subject to surveillance to access the
information held about them
6) The procedures followed to authorise surveillance
7) The organisational structures and procedures in place to oversee the
operation of FIT
8) The mechanisms in place to secure information obtained by FIT ."

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact K.Simmons via the e-mail address at the top of the
letter,quoting the reference number above.

Yours sincerely

K.Simmons
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

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Dear MrAndrews
Freedom of Information Request Reference No: 2008120006203
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 26/12/2008. I would like to
apologise for the delay in replying to your request. I note you seek
access to the following information:
1) Details of how individuals are identified for surveillance by the
Forward IntelligenceTeams (FIT)
2) The information that is recorded about those who are subject to
surveillance?
3) How long the information in 2) is retained?
4) The individuals and organisations with access to the information in 2)

5) The rights of individuals subject to surveillance to access the
information held about them
6) The procedures followed to authorise surveillance
7) The organisational structures and procedures in place to oversee the
operation of FIT
8) The mechanisms in place to secure information obtained by FIT
Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.
EXTENT OF SEARCHES TO LOCATE INFORMATION
To locate the information relevant to your request searches were conducted
at the Public Order and Operational Support OCU.
RESULT OF SEARCHES
The searches located some information relevant to your request.
DECISION
I have today decided to:

* disclose records numbered 1,3,4,5,6,7,8.
* disclose records numbered 2 subject to the deletion of information
pursuant to the provisions of section 40(2) of the Freedom of
Information Act 2000 (the Act);

REASONS FOR DECISION
Section 17 of the Act provides:
(1) A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision in
part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant a notice which-
(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.
Section 40 (Personal Information) of the Act provides:
(1) Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
data subject.

(2) Any information to which a request for information relates is also
exempt information if—

(a) it constitutes personal data which do not fall within subsection (1),
and

(b) either the first or the second condition below is satisfied.

(3) The first condition is—

(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of “data” in section 1(1) of the [1998 c. 29.]
Data Protection Act 1998, that the disclosure of the information to a
member of the public otherwise than under this Act would contravene—

(i) any of the data protection principles, or

(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and

(b) in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the
[1998 c. 29.] Data Protection Act 1998 (which relate to manual data held
by public authorities) were disregarded.

Results
Please find the answers to your requests, below:
For clarity, the information below relates, as requested, to information
relating to the use of Forward Intelligence Teams:
1) No records held.
2) There would appear to be two interpretations to this request: 1) If the
request is for specific information that is recorded about those who are
subject to the attention of a F.I.T. team: we would be unable to provide
the information itself under s 40(2) of the Freedom of Information Act, as
it may disclose information that could be used to identify individuals in
contravention of the Data Protection Act1998. Under principle one of the
Data Protection Act , personal data must be processed by an organisation
fairly and in accordance with the rights of the data subject. It is
suggested that to release the personal data of third party individuals
would be in breach of the agreed use of that information. This exemption
is both absolute and class based. I am, therefore, not required to
complete a Public Interest Test (PIT) in applying this exemption.
Information pertaining to the fair usage of information is available at:
http://www.met.police.uk/foi/pdfs/other_...
However, if it is the second interpretation - for more 'generalised'
information: such as the type of information recorded: it is the F.I.T.
officer's observations of an individual or group's behaviour.
3) For policing purposes - generally 7 years.
4) Authorised Metropolitan Police Service users only.
5) As set out in the Data Protection Act, which may be found at:
http://www.opsi.gov.uk/acts/acts1998/ukp...
6) No records found - The use of FITs forms part of a tactical response
and requires no specific authority.
7) Generally, a Gold, Silver Bronze structure will be used.
8) The Data Protection Act 1998, the computer Misuse Act 1990 and also
the Management of Police Information guidance document that may be found
at:
http://police.homeoffice.gov.uk/publicat...

COMPLAINT RIGHTS
If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.
Once again, I do apologise for the delay in responding to your request and
would like to thank you for the interest shown in the work of the
Metropolitan Police Service. Should you have any further enquiries
concerning this matter, please contact me on 0207 230 0654 or at the
address at the top of this letter, quoting the reference number above.
Yours sincerely

Dave Howe
Public Order Review Unit

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law. Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
You have the right to require the Metropolitan Police Service (MPS) to
review their decision.
Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.
Ask to have the decision looked at again –
The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.
That person will be able to discuss the decision, explain any issues and
assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.
Complaints should be made in writing and addressed to:
FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner
After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections