Recommendation - Metropolitan Police Service, January 2021

The IOPC recommends that the Metropolitan Police Service (MPS) should make their Information Code of Conduct and MPS Security Code policies clear that officers should not use their personal phones to contact members of the public unless there are no alternative options. The policies should also remind police officers and staff that those without a MPS issued mobile device should use police landlines or their radios to make calls, unless in an emergency, and all communications must be for a clear policing purpose.

This follows and IOPC investigation where one of the subjects admitted transferring the complainant's mobile number from an MPS system onto his personal device which contravened MPS policy. Furthermore, he admitted to using the 141 number withheld facility and said he knew of other officers who did this. The MPS were consulted and confirmed personal devices should not hold MPS information and that there are landlines available to officers who are not assigned work mobile phones.

Do you accept the recommendation?

Yes

Accepted action:

The MPS partially accepts this recommendation.

The MPS accepts that the METSEC Code does not make clear that officers should not use their personal phones to contact members of the public unless there are no alternative options. The policy states:

Privately owned mobile devices

The general rule is that privately owned [i.e. non Met-issued] mobile devices must not be used to hold Met data.

The use of the word ‘general’ is somewhat ambiguous without any additional explanation, context or illustration. The word will be removed and this part of the Code will be cross-referenced by a hyperlink to the relevant part of the newly proposed Use of Met Computer Systems Policy. This policy is currently going through the process of consultation with our stakeholders, after which approval will be sought from the Data Board. Once this approval has been given, the policy will be published on the MPS internal website as corporate policy.

The proposed wording is:

“Met personnel using personally owned equipment [e.g. smartphones] on duty.

You must only record any Met or National Policing data using the official policing systems and Met ICT equipment provided. Met personnel must not use their private ICT equipment [home computer or mobile device (e.g. smartphone)] directly or indirectly to capture and process any data from Met systems. For example, using your own phone camera or audio-visual facility to take screenshots [e.g. from Met BATS], or to record any internal meetings without prior authority is not permitted.

For operational reasons, or within secure areas on Met premises, you could be asked to switch off and/or store personally owned mobile devices temporarily whilst on duty.

Furthermore, Met policy does not permit the conduct of official policing business directly with the public using personally owned computers or mobile devices. This includes the use of any social media platforms or instant messaging services from such privately owned devices.

Only in emergencies [and where there are no alternative Met communication options], may Met personnel [i.e. those without an MPS issued mobile device] use their own equipment. In those circumstances, they must have a clear policing purpose and a good reason for the immediate communication with a member of the public. A record of the call and the rationale becomes part of the incident or investigation [e.g. on CRIS]. In all other situations, Met personnel are to use police landlines or their radios to make calls, even if this results in some delay”.

The MPS Information Code of Conduct already addresses accessing police information for policing purposes as follows:

You must only access MPS information and other police-held data when it is to be used for legitimate official or authorised policing purposes; and only then as part of your policing duties, contracted services, or other public role in support of policing purposes. To do otherwise could either be a breach of the law or at least compromise your integrity;

You must never access, use or share any policing information held on either MPS or national core/operational police ICT systems [e.g. the Police National Computer (PNC)] with others without the legitimate policing authority required to do so; and

In principle, using such information in connection with any personal purposes is strictly prohibited. An emergency situation apart, you should refer such matters to your supervisor for further advice before any independent intelligence checks can be carried out for a personal or family reason.

The MPS recognise that there may be occasions where officers use their personal mobile phones to make contact with members of the public using 141 to block their number. It is for the officer in each circumstance to justify they have done so for a policing purpose. Such examples have become inevitable during the Covid-19 pandemic, where officers in a number of roles are working remotely and do not have access to MPS landlines or have been allocated a work mobile phone. The sheer size of the MPS means that the roll out of mobile communications to all officers, although desirable, is not currently achievable in the short term.

A working group has been set up to consider the IOPC S10(1)(e) MPS and National recommendations in respect of the use of WhatsApp and other social media/instant messaging platforms. As well as linking in with the College of Policing, this group are considering the wider implications of use of such platforms and how this impacts on the policy and guidance issued. Personal Use of Met ICT is also being considered as part of this wider review.