Face mask use in FCC 811/2024
FOI Reference: 811/2024
Request 1 - 3:
- Data on the requirement and use of face masks in your Force Control Room during the period March 2020 to January 2022.
- Provide copies of all risks assessments, including originals and any amendments made during that period in relation to wearing of face coverings in your force control room.
- Provide information on adjustments made for disabled staff who were unable to wear a face covering and the associated risks assessments for this.
Response:
I can confirm that Dyfed-Powys Police does hold the information requested, however we are exempting part of that information as we believe that the following exemption is relevant:
Section 40(2) Personal Information
Section 40(2) applies to third party personal data and is exempt from disclosure under the Freedom of Information Act 2000 if disclosure, in relation to data subject to law enforcement processing, would breach any of the data protection principles contained within Part 3 - Chapter 2 of the Data Protection Act 2018. Under Section 34 within Chapter 2 “The Controller in relation to personal data is responsible for and must be able to demonstrate, compliance with” Chapter 2. Such information would not be released under the Freedom of Information Act 2000 unless there is a strong public interest. One of the main differences between the Freedom of Information Act 2000 and the Data Protection Act 2018 is that any information released under FOI is released into the public domain, not just the individual requesting the information and disclosure under the Act must be made with that in mind. As such, any release that identifies an individual through releasing their personal data, even third party personal data is exempt.
Personal data is defined under Section 3 of the Data Protection Act 2018 as:
“(2) ‘Personal data’ means any information relating to an identified or identifiable living individual (subject to subsection (14)(c)).
(3) ‘Identifiable living individual’ means a living individual who can be identified, directly or indirectly, in particular by reference to—
(a) An identifier such as a name, an identification number, location data or an online identifier, or
(b) One or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.”
All members of the public including those employed by the force have an intrinsic right to privacy and these rights are protected by virtue of the Human Rights Act, the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) and a public authority must not interfere with that right. Any release of the information subject to the exemption is likely to compromise those rights.
Data Protection Act 2018
Part 3 – Law Enforcement – Chapter 2 Principles Section 35
The first data protection principle:
“(1) The first data protection principle is that the processing of personal data for any of the law enforcement purposes must be lawful and fair.”
General Data Protection Regulation
Article 5 of the GDPR – ‘Principles relating to processing of personal data’ provides:
“1. ‘Personal data’ shall be
(a) Processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency);
(b) Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest…
2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).”
Dyfed-Powys Police would not want to disclose any information that could potentially identify an individual. In this particular case, to release the names of the signatories would be disclosing the personal information of that individual. Therefore as a consequence I am satisfied that Section 40(2) Personal Information exemption is applicable to the release of the information.
The Section 40 exemption is a class-based exemption. This means that the legislators when writing the legislation considered that the release of such information under the Freedom of Information Act 2000 would cause harm to the public authority or individual concerned. There is therefore no requirement to carry out a HARM Test in respect of such information.
The Section 40 exemption is in part qualified and in part absolute, in the present case it would be absolute as to release the information would breach Data Protection legislation and therefore there is no requirement to carry out a public interest test.
Response 1:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
Requirements for wearing face masks are listed in the control measures sections of the two attached risk assessments. (Attachment 1, Attachment 2)
Response 2:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
Please see attachments 1 and 2 of this response.
Response 3:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
- Email sent out to FCC staff on the 14/12/2020 advising that it was mandatory for staff to wear masks at all times when in the workplace.
- Review carried out of requirement to wear masks at all times. Risk assessment was carried out (attached) to allow FCC staff to only wear their masks when moving around the building and not at their desks. This was sent to H&S for review.
- An email has been sent to FCC staff on the 14/05/2021 advising face masks are no longer required when at their desks.
- A further email was sent to all FCC staff on the 25/04/22 advising that mask wearing was now optional.
In relation to adjustments for disabled workers, this was on a case by case basis. Where staff raised concerns about wearing a face mask they were given the option of wearing a face shield which was provided by the force.
There is no information held in regards to adjustments made for disabled staff who were unable to wear a face covering and the associated risks assessments, as there was no cases for staff where either of these two options were not acceptable.
It should be noted that as a result of the systems adopted by Dyfed-Powys Police in relation to the recording of such information that the information released may or may not be accurate.
(This is a response under the Freedom of Information Act 2000 and disclosed on 23/08/2024)