UK: ICO finds Metropolitan Police Service’s Gangs Matrix breached data protection laws

From the Information Commissioner’s Office:

An investigation by the Information Commissioner’s Office (ICO) found that the Metropolitan Police Service’s (MPS) use of the Gangs Matrix led to multiple and serious breaches of data protection laws.

The investigation into the Gangs Matrix, a database that records intelligence related to alleged gang members, began in October 2017 after concerns were raised by Amnesty International.

The ICO found that, whilst there was a valid purpose for the database, the inconsistent way it was being used did not comply with data protection rules.

It has now issued an Enforcement Notice, compelling the MPS to ensure it complies with data protection laws in future and has given them six months to make these changes, which the MPS has accepted and already started to implement.

Deputy Information Commissioner of Operations, James Dipple-Johnstone, said:

“Protecting the public from violent crime is an important mission and we recognise the unique challenges the MPS faces in tackling this.

“Our aim is not to prevent this vital work, nor are we saying that the use of a database in this context is not appropriate; we need to ensure that there are suitable policies and processes in place and that these are followed.

“Clear and rigorous oversight and governance is essential, so the personal data of people on the database is protected and the community can have confidence that their information is being used in an appropriate way.”

The MPS’ operating model governs the use of the matrix across the Metropolitan area. Each of the 32 London boroughs operate their own Matrix, which are then compiled centrally to form a larger London-wide Gangs Matrix.

The personal data of people recorded on the Gangs Matrix includes; full names, dates of birth, home addresses, and information on whether someone is a prolific firearms offender or knife carrier.

The investigation found:

• The Gangs Matrix does not clearly distinguish between the approach to victims of gang-related crime and the perpetrators, leading to confusion amongst those using it;
• An operating model that was unclear and inconsistently applied across the boroughs, with some good practice in some areas but poor practice elsewhere;
• Some boroughs operated informal lists of people who had been removed from the Gangs Matrix, meaning that the MPS continued to monitor people even when intelligence had shown that they were no longer active gang members;
• Excessive processing of data as a result of blanket sharing with third parties that failed to distinguish between those on the Gangs Matrix assessed as high-risk and those as low risk, with the potential for disproportionate action to be taken against people no longer posing a risk;
• Serious breaches of data protection laws with the potential to cause damage and distress to the disproportionate number of young, black men on the Matrix;
• The absence of a Equality Impact Assessment that would enable MPS to show it had considered in this context the issues of discrimination or equality of opportunity;
• An absence, over several years, of effective central governance, oversight or audit of data processed as part of the Gangs Matrix, resulting in risk of damage or distress to those on it;
• The absence of information sharing agreements governing the purpose and use of the data by those third parties and insufficient guidance about how the third parties should handle and use the data. This led to the increased potential for an inconsistent approach and harm to data subjects.

The MPS must now take steps to ensure the Gangs Matrix complies with data protection laws, which include:

• Improving guidance to explain what constitutes a gang member and the intelligence required to demonstrate gang membership;
• Ensuring people’s data on the Gangs Matrix is clearly identified, to distinguish between victims of crime and actual or suspected offenders;
• Erasing any informal lists of people who no longer meet the Gangs Matrix criteria;
• Developing guidance in relation to the use of social media as a source of ‘verifiable intelligence’;
• Ensuring that any Gangs Matrix information shared with partner agencies is done so securely and proportionately; and
• Conducting a Data Protection Impact Assessment of the Gangs Matrix.

The MPS already has an action plan underway and has stopped sharing personal data on the Gangs Matrix with third parties, where there is no individual sharing agreement in place. They have committed to being more open about the database and are working with us to complete a Data Protection Impact Assessment.