Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywKenneth Thomson mewngofnodwch a gadael i bawb wybod.

The DPIA for the National Domestic Extremist Unit database

Kenneth Thomson made this Rhyddid Gwybodaeth request to Metropolitan Police Service (MPS)

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Dear Metropolitan Police Service (MPS),

Information in the public domain identifies that the Metropolitan Police Service (MPS) is responsible for the National Domestic Extremist Unit (NDEU) database that is the database that holds records on “extremists" in the UK. The data controller for the NDEU database must be the Chief Constable Commissioner for the Metropolis (the position currently held by Dame Cressida Dick) and this data controller must be aware of the data sharing guidance document from the Information Commissioner's Office (ICO) that was produced as a statutory duty of the ICO under the Data Protection Act 2018. The data sharing guidance document from the ICO clearly states that where data is “high risk" a data controller must record a data protection impact assessment (DPIA) prior to the data bring shared.

As it is possible for the NDEU database is populated with information on an individual who is no way “extremist" or an individual who conducts themselves in a completely lawful manner then the population of the NDEU database from external police forces (for example The Police Service of Scotland) must involve the sharing of high risk data.

As a Freedom of Information Act 2000 request please provide the data protection impact assessment (DPIA) for the National Domestic Extremist Unit (NDEU) database that is recorded by the Metropolitan Police Service (MPS).

Yours faithfully,

Kenneth Thomson

Metropolitan Police Service (MPS)

Thank you for your email to the Metropolitan Police Service Data Office.

 

Please note the Data Office Triage Team operate Monday to Friday only,
this department is closed during bank holidays.

A response will follow in due course.

 

We do receive a very high volume of requests and although we endeavour to
respond to all of them as quickly as possible, there may, at times, be a
few days turnaround time, should that be the case with regards to
responding to your email, we do respectfully ask you to bear with us while
we clear all the emails we received prior to yours.

 

The following applications are currently processed through the Data Office
Triage Team mailbox:

 

• Right of Access Requests (Formerly Subject Access Requests)

 

• Freedom of Information Act Requests

 

• Association of British Insurers/NPCC Memorandum of Understanding
requests

 

• Right to Erasure and Right to Rectification Requests

 

• Requests under the Environmental Information Regulations 2000 (EIR)

 

 

Please visit www.met.police.uk for enquiries relating to:

 

I.            Road Traffic Collisions,

II.           Sarah’s Law – Registered sex offender data

III.          Clare’s Law – Domestic violence offender data

IV.         Disclosures for family court proceedings

V.           Publication Scheme and statistics

NOTICE - This email and any attachments are solely for the intended
recipient and may be confidential. If you have received this email in
error, please notify the sender and delete it from your system. Do not
use, copy or disclose the information contained in this email or in any
attachment without the permission of the sender. Metropolitan Police
Service (MPS) communication systems are monitored to the extent permitted
by law and any email and/or attachments may be read by monitoring staff.
Only specified personnel are authorised to conclude binding agreements on
behalf of the MPS by email and no responsibility is accepted for
unauthorised agreements reached with other personnel. While reasonable
precautions have been taken to ensure no viruses are present in this
email, its security and that of any attachments cannot be guaranteed.

Metropolitan Police Service (MPS)

1 Atodiad

Dear Mr Thomson,

Please see the attached in respect of your recent information request.

Our ref: 01/FOI/22/023280

Thank you.

Kind regards,

Data Office Triage Team | Information Rights Unit
Strategy & Insight | Strategy & Governance | METHQ | Metropolitan Police Service
Email: [email address]
Address: Information Rights Unit, PO Box 313, SIDCUP DA15 0HH

GOVERNMENT SECURITY CLASSIFICATION: OFFICIAL
Not Suitable for Publication:
Recipients of this email should be aware that all communications within and to and from the Metropolitan Police Service are subject to consideration for release under the Data Protection Act, Freedom of Information Act and Environmental Information Regulations. The MPS will consider all information suitable for release unless there are valid and proportionate public interest reasons not to, therefore, sensitive information not for public disclosure must be highlighted as such.

dangos adrannau a ddyfynnir

Cyclops on behalf of Alyson Parker, Metropolitan Police Service (MPS)

2 Atodiad

 

Official

 

Information Rights Unit
PO Box 313
Sidcup
DA15 0HH

 

Email: [1][The Met request email]

 

[2]www.met.police.uk

 

Your ref: 
Our ref: 01/FOI/22/023280

 

Date: 21/03/2022

 

 

 
 

 

Dear Mr Thomson

 

Freedom of Information Request Reference No: 01/FOI/22/023280

 

Please see the attached in respect of your Freedom of Information request
referenced above.

 

Yours sincerely

 

 

Alyson Parker

Information Manager - Freedom of Information

 

 

Official

References

Visible links
1. mailto:[The Met request email]
2. http://www.met.police.uk/

Dear Metropolitan Police Service (MPS),

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Metropolitan Police Service (MPS)'s handling of my FOI request 'The DPIA for the National Domestic Extremist Unit database'.

In your response you stated:

“To locate the information relevant to your request searches were conducted at the MPS. The searches failed to locate any information relevant to your request.

It should be noted that the National Domestic Extremist Unit (NDEU) no longer exists. Furthermore, a DPIA was not in existence at the time the NDEU was in place, as these were a product of the Data Protection Act 2018, as you have already indicated. The information you are seeking is therefore not held by the MPS.”

I have witnessed the hard copies of a data subjects DSAR from Police Scotland that indicates their details are noted on the NDEU this entry was dated in January 2021, which is well into the new data protection act 2018 which came into force on the 25th of May 2018.
 
Per information which can be found in the public domain Domestic Extremism Origins and Ownership you will see that In 2006, the NPOIU was moved under the control of the National Coordinator Domestic Extremism (NCDE), placed alongside the National Extremism Tactical Coordination Unit (NETCU) and the National Domestic Extremism Team. In 2011, the three were merged into the National Domestic Extremism Unit (NDEU), since renamed the National Domestic Extremism and Disorder Intelligence Unit (NDEDIU).
At some point following the merge, the separate databases of the three organisations were combined.[11] Though it has not been confirmed, it would appear that the databases were merged into the NSBIS which is the common database referred to in subsequent reports as being used by the NDEDIU
It is important to note the following

Confusion about the database

Since it existence was revealed by The Guardian there has been some confusion about the database, mainly caused by the Met referring to it by different names, such as 'domestic extremism database' or 'NPOIU database'. In particular, in a response to a 2013 FOIA request the Metropolitan Police explicitly mentioned the 'National Domestic Extremism Database' which only personnel from the National Domestic Extremism Unit have access to.[15] Adding to the confusion is that reports from HM Inspectorate of Constabulary in 2012 refer simply to a NDEU database,[13] though their 2013 report seems to acknowledge it as the NSBIS.[12]

Likewise during the December 2014 Supreme Court hearing in the case bought by John Catt, the barrister for the Metropolitan Police confirmed that the domestic extremism database was the same as the NSBIS, though it was pointed out that it had been consistently referred to as the 'domestic extremism database' in all previous case hearings.[16]
It remains to be clarified if there is a separate part of the NSBIS which can be specifically identified as the 'domestic extremism database'.

Material which was stored by the Special Demonstration Squad was, on its disbandment in 2008, amalgamated into an Metropolitan Police IT system and not kept as a standalone database according to the Metropolitan Police.[17] It is not know which system this was.

Additionally, the national domestic extremist unit provides further information as follows:
 
Transfer of control to the Metropolitan Police

Following the transfer, the NDEU initially retained the intelligence collection, investigation support and awareness raising functions of its precursor units: [8] One of its subunits was the Strategic Threat Assessment, which was one of two police organisations identifying threats to public order. Listed as events which provided practical learning experiences for the policing of large-scale disorder were the G20 protests, English Defence League demonstrations and the August 2011 riots, in all of which NDEU has played a role. [39]

Oversight of the NDEU was placed under Senior National Coordinator for Counter Terrorism.[8] The Head of NDEU, then reported through the head of the MPS’s Counter Terrorism Command to the Chair of the ACPO Terrorism and Allied Matters Business Area; while the unit continued to be funded by ACPO and the Home Office. [40] The ACPO Terrorism and Allied Committee continued to provide ‘the development of police service policy and strategy in respect of relevant counter terrorism, domestic extremism and other policing themes.’ [41]

Though now housed with the Metropolitan Police, it retained its national function, and had officers seconded from other forces.[42]

The use of the label has come under criticism for mission creep, for political policing and for using it as a way to treat protest as a form of crime: a number of people who had no criminal record were nevertheless added to the database.

National Domestic Extremism Database.

However, in 2014 a revised working definition was provided by the Metropolitan Police as:[1]
Domestic Extremism relates to the activity of groups or individuals who commit or plan serious criminal activity motivated by a political or ideological viewpoint.

It is a term mostly used by British police, in particular by the secret units that were running undercover officers like Mark Kennedy, following up Special Branch's Special Demonstration Squad. The history of relevant police units with ever-changing acronyms residing under the Association of Chief Police Officers (ACPO) can be found at the page of the National Domestic Extremism Unit.[2]

Domestic Extremism is a police term which seeks to categorise a particular kind of political activity. The term is often used to distinguish so-called single issue campaigns or political groups with a militant edge from terrorist groups. Animal rights, ecological defence, anti-arms trade, the radical left and the far right have been labelled domestic extremists, as have individual actors such as the letter-bomber Miles Cooper.

The Government has no formal legal definition for Domestic Extremism (while it has one for terrorism for instance).

To continue, I have been shared first-hand information and evidence from a data subject that the decipher NDEU is used by The Police Service of Scotland, as on their DSAR entry on the storm report in January 2021 a search regarding the data subject was made on the PCN and CHS which came up clean and clear however alarmingly it has as your DSAR team have witnessed as the data subject has informed you that it states NDEU noted per your reference Information Rights Unit 01/ROA/21/042141 with evidences.

Therefore, it is apparent that MPS are not being transparent on the naming convention of a database that they most definitely without a shadow of a doubt have operational, which The Police Service of Scotland Trading as Police Scotland term as NDEU.

Therefore, I am requesting an internal review for conscious certainty and as a point of critical public interest as demonstrated by the information above with links.

The data subject has given me ‘assent’ to provide the Information Assurance reference assigned by MPS to their case to evidence that your disclosure is not accurate and as MPS has a duty to assist the requester, you should have advised myself the requester that there is a database which may have another naming convention, rather than outwardly deny its very existence.
 
Even if the database has changed name, then the previous name (e.g., National Domestic Extremist Database) should be included within the DPIA document such that it can be retrieved by a search.

The clandestine lack of transparency of what the database is named for the purposes of a search, and your denial that the NDEU or naming variant of ‘this’ database is no longer operational since the inception of the new DPA2018 and GDPR is not accurate, the evidence I have and you also hold from Police Scotland is that that the decipher used for the database is NDEU, and given the date of the storm entry being January 2021, then by law MPS must disclose their DPIA for the processing of high risk criminal data that they have received and are processing and retaining which includes DNA and biometric and additional personal data.

That being said the legislation states there must be a lawful basis for sharing accurate and proportionate information. The initial response from the MPS could well indicate that you do not have a DPIA for any such database and may be unlawfully processing personal data without a lawful basis nor the knowledge or consent of the data subject and with no verifiable substantiated lawful reason to process personal data including DNA and biometric data in this manner.

Therefore, it is clear that MPS may not be complying with the law, they may not have a DPIA, and to admit that in the public domain would incur controversy, where there is controversy there is equity. 

The data subject I am referring too, was acquitted of a criminal charge in a court of law in Scotland, on 17th October 2018 after the inception of the new DPA2018 and GDPR and they requested the status of the retention of DNA and biometric data and was given a standard response from an Information assurance officer stating the standard operating procedures that anyone not convicted of a criminal offence would have their DNA and bio metric data destroyed in line with legislation.

However, on the numerous promptings and requests made by the data subject direct to the named information assurance officer, requesting written confirmation that their personal DNA and Biometric data had in fact been destroyed, to date there has been no written confirmation of such.

This is a clear indication that it has not been destroyed and when you combine this fact with evidence from the DSAR stating NDEU noted, it is clear to a reasonable person that the DNA and biometric data belonging to the data subject has been unlawfully shared with MPS with no lawful basis, their personal data and DNA and biometrics have never been destroyed.

Therefore, a reasonable person must seek an internal review given that if there is no appropriate DPIA in place, and there is clearly an NDEU (being the same database but merely may be termed a number of naming convention’s and decipher’s) in operation AFTER 25th May 2018, then every individual’s data subject on that database may have had their data shared unlawfully UK wide, from every force populating it.
 
So when the new temporary commissioner of the Metropolis, Sir Stephen House assumes position, it has been evidenced that the very force he resigned from in 2015 are in the least unlawfully with no legal basis sharing personal, DNA and biometric data to MPS who are denying they require a DPIA, all contrary to the law of the land, this supply to MPS from all forces within the UK and PSNI with the data, DNA and biometric data of an unknown number of acquitted or even non convicted individuals, breaches articles 5, 6 and in many cases 8 of the Human Rights Act which is a sub section of ICCPR, which as WE ALL KNOW supersedes all domestic law. 

Therefore I respectfully request that a fully comprehensive re-search of your records management and database systems be performed by an individual who has not had any dealings with this initial request per the legislation.

Thanking you in advance for your full, frank and candid response including the DPIA, I require for conscious certainty.
 

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/t...

Yours faithfully,

Kenneth Thomson

https://powerbase.info/index.php/Nationa...

https://powerbase.info/index.php/Nationa...

https://powerbase.info/index.php/Nationa...

https://powerbase.info/index.php/Nationa...

https://powerbase.info/index.php/Special...

https://powerbase.info/index.php/Strateg...

https://powerbase.info/index.php/Counter...

https://powerbase.info/index.php/Associa...

https://powerbase.info/index.php/Nationa...

https://powerbase.info/index.php/Nationa...

Metropolitan Police Service (MPS)

Thank you for your email to the Metropolitan Police Service Data Office.

 

Please note the Data Office Triage Team operate Monday to Friday only,
this department is closed during bank holidays.

A response will follow in due course.

 

We do receive a very high volume of requests and although we endeavour to
respond to all of them as quickly as possible, there may, at times, be a
few days turnaround time, should that be the case with regards to
responding to your email, we do respectfully ask you to bear with us while
we clear all the emails we received prior to yours.

 

The following applications are currently processed through the Data Office
Triage Team mailbox:

 

• Right of Access Requests (Formerly Subject Access Requests)

 

• Freedom of Information Act Requests

 

• Association of British Insurers/NPCC Memorandum of Understanding
requests

 

• Right to Erasure and Right to Rectification Requests

 

• Requests under the Environmental Information Regulations 2000 (EIR)

 

 

Please visit www.met.police.uk for enquiries relating to:

 

I.            Road Traffic Collisions,

II.           Sarah’s Law – Registered sex offender data

III.          Clare’s Law – Domestic violence offender data

IV.         Disclosures for family court proceedings

V.           Publication Scheme and statistics

NOTICE - This email and any attachments are solely for the intended
recipient and may be confidential. If you have received this email in
error, please notify the sender and delete it from your system. Do not
use, copy or disclose the information contained in this email or in any
attachment without the permission of the sender. Metropolitan Police
Service (MPS) communication systems are monitored to the extent permitted
by law and any email and/or attachments may be read by monitoring staff.
Only specified personnel are authorised to conclude binding agreements on
behalf of the MPS by email and no responsibility is accepted for
unauthorised agreements reached with other personnel. While reasonable
precautions have been taken to ensure no viruses are present in this
email, its security and that of any attachments cannot be guaranteed.

Metropolitan Police Service (MPS)

1 Atodiad

Good afternoon Mr Thomson,

Freedom of Information Review Reference No: 01/FOI/22/024001

Thank you for your e-mail and please see the attached acknowledgement in respect of your complaint.

With kind regards,

Data Office Triage Team
Data Governance
Data Office
Metropolitan Police Service
Email: [email address]
Core location: P.O. Box 313, Sidcup, DA15 0HH

dangos adrannau a ddyfynnir

Cyclops on behalf of Yvette Taylor, Metropolitan Police Service (MPS)

2 Atodiad

 

      Official

 

Information Rights Unit
PO Box 313
Sidcup
DA15 0HH

 

Email: [1][The Met request email]

 

[2]www.met.police.uk

 

Your ref: 
Our ref: 01/FOI/22/024001

 

22/04/2022

 

 

 
 

 

Dear Mr Thomson

 

Freedom of Information Request Reference No: 01/FOI/22/024001

 

Please see the attached in respect of your Freedom of Information request
referenced above.

 

Yours sincerely

 

 

Yvette Taylor

 

 

      Official

References

Visible links
1. mailto:[The Met request email]
2. http://www.met.police.uk/

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywKenneth Thomson mewngofnodwch a gadael i bawb wybod.