How many photographs are held by the NPOIU and what action did the unit take following the ruling of Wood v Commissioner of the Metropolis 2009?
The ACPO National Coordinator for Domestic Extremism, ACC Anton Setchell said:
"The outcome of the Wood vs. Commissioner of the Metropolis case was welcomed by my colleagues in the National Public Order Intelligence Unit (NPOIU) and by me; it brought clarity to an area that had not previously been tested in the courts.
"The judgement fully reflected our views about the retention of photographs taken by police Forward Intelligence Teams (FIT) teams and in following the Statutory Code of Practice for the Management of Police Information (MOPI) since its introduction, our practice has been compliant with the judgement findings.
"The judgement also recognised the Metropolitan Police would not have retained the photos beyond a few weeks, not indefinitely as some misreporting would have it. It is also important to remind those who have expressed concerns about FIT teams that the Law Lords recognised there was a legitimate aim by the police in the taking and retaining of the photographs at least for a short time - this was described by them as being for the prevention of disorder or crime, or for the protection of the rights and freedoms of others. To report on only one aspect of the outcome of the case is misleading.
"There is a framework of legislation in place to safeguard the rights and freedoms of society which the police must comply with; for the gathering of intelligence these laws include RIPA, MOPI and the Data Protection Act, which are all underpinned by the European Convention on Human Rights. The three national Domestic Extremism (DE) units work hard to ensure that all they do is necessary, justified and proportionate and this applies to the management of any information or intelligence, including any photographs. In this respect, the Wood judgement did not change anything for NPOIU and the photos it holds - it cemented existing practice. Nevertheless, the case adds useful clarity and emphasis to the importance of continued adherence to the principles it upheld.
"In addition to the strict requirement for legal compliance, we simply do not have the capacity or staff to process and store irrelevant photos, they are of no value to us and we do not want them. It has been practice since long before the Wood judgement that FIT officers could attend a protest or public order event and either take no photos at all, or where they have taken photos, to recognise there is no need to process them afterwards because they were of no value. Officers will always need to exercise this judgement.
"There are currently only 1,822 photos held by the NPOIU. Considering this is a national police intelligence database and there are many hundreds of protest events every year, some attracting tens or hundreds of thousands of people, this very small number should provide context for anyone who has any concerns about the scale of photograph retention. Many are only retained for a very short period, some we need to retain for several years; each one is individually assessed and reviewed regularly. Before a photo or any information or intelligence can be entered onto the database, it has to be individually assessed against a set of MOPI and ECHR compliant criteria and be given a review date; the system automatically prompts this review when it is due.
"In addition to having a duty to facilitate lawful protest, the police service has a responsibility to secure public safety and needs good quality, relevant intelligence to do all of this. Good intelligence protects both the public and democracy.
"ACPO exists to provide strategic leadership for the service and to coordinate a response when change is needed. I have briefed colleagues in ACPO TAM on the Wood ruling, and ACPO colleagues in the public order area will ensure that new policy and guidance reflects not only the Wood judgement but the findings of other recent enquiries into the way in which we police protests and manage domestic extremism. That new guidance is currently in draft form but when complete will be available to the public.
"The police have a vital role in supporting society when it exercises rights to assembly and to freedom of expression and we are determined to fulfil that role in a way that builds confidence and trust, and enables us to continue to police with the full consent of the public."
