FREEDOM OF INFORMATION REQUEST
Request Number:
F-2010-00279
Keyword:
Complaints/Discipline
Subject:
Breaches of the Data Protection Act
Request and Answer:
I am writing to confirm that the Police Service of Northern Ireland (PSNI) has now completed its
search for the information.
Question 1
How many civilian workers in the PSNI have been convicted for breaches of the data protection act
from 2007 to present?
Answer
A search of investigations carried out by PSNI Professional Standard Department and each of our
Human Resource Managers in all PSNI’s Districts and Departments revealed that there are no
civilian staff members who as a result of internal investigation have been convicted for breaches of
the data protection act from 2007 to present.
Question 2
How many civilian workers in the PSNI are currently under investigation for breaches of the data
protection act?
Answer
Section 17 of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland,
when refusing to provide such information (because the information is exempt) to provide you the
applicant with a notice which:
(a) states that fact,
(b) specifies the exemption in question and
(c) states (if not otherwise apparent) why the exemption applies.
The Police Service of Northern Ireland (PSNI) can Neither Confirm Nor Deny (NCND) that it holds
the information relevant to your request as the duty in Section 1(1)(a) of the Freedom of Information
Act 2000 does not apply by virtue of the following exemption :
• Section 30 (3) Investigations and Proceedings conducted by Public Authorities
Section 30 is a class based qualified exemption and consideration must be given as to whether there
is a public interest in confirming or denying the information exists is the appropriate response.
Public Interest Test Section 30
For Release
The public are entitled to know how public funds are being spent and that if cases of this nature were
to exist, that they are being investigated satisfactorily. Confirmation or denial would assist
communities to be more aware of the level of protection afforded to them.
For Retention
By confirming or denying the existence of details of ongoing Data Protection investigations the
PSNI’s future investigative capabilities would be affected which would hinder the prevention or
detection of crime. This would impact on police resources and more crime would be committed,
placing individuals at risk.
Decision
This question asks about current ongoing investigations. It is standard practice to apply NCND in
these cases in order to prevent someone currently unaware of an ongoing investigation taking steps
to prevent detection. Confirming or denying the existence of the information could alert a member of
police support staff who is involved in breach of Data Protection Act activities to the fact that we have
no information on him/her. This could encourage this member of staff to continue with his/her
activities, leading to continued criminal activity and therefore may make detection/prevention of
crime more difficult.
Whilst there is an interest in the transparency of discipline issues within the PSNI, there is a very
strong public interest in safeguarding the integrity of police investigations. Therefore it is our opinion
that for these issues the balancing test for confirming or denying whether the information is held is
not made out.
In accordance with the Act, this letter represents a Refusal Notice for this part of your request. The
Police Service of Northern Ireland can neither confirm nor deny that it holds the information you have
requested.
Question 3
How many civilian workers in the PSNI have been disciplined internally but not prosecuted for
breaches of the data protection act from 2007 to present?
Answer
Professional Standards Department have carried out investigations into 5 civilian workers from 2007
to present which resulted in no prosecution but appropriate disciplinary action by local Human
Resource Management.
Question 4
Please advise who investigates alleged civilian breaches of the dpa within PSNI. Is it referred to the
ICO?
Answer
The allegation will be investigated either by the Professional Standards Department or by the
individual’s local Human Resources Manager who will assess the circumstances of the case and
identify a proportionate response to the allegation. The assessment will include consideration of all
relevant factors. Where necessary (for example, confirmation that an offence has occurred), the
PSD or the local HR Manager will seek the views of the data protection officer. The information
Commissioner may also be in position to provide advice. In all cases the data protection officer
should be regularly appraised of the progress of any investigation and prosecution into offences
under the Act.
Where a prosecution is anticipated the Head of Investigations at the Information Commissioner’s
Office will be informed and will provide guidance and assistance as necessary, though the police
service will retain primacy.
A decision by the Crown Prosecution Service not to proceed with a prosecution under the Act should
not preclude notification of the case to the Information Commissioner. The information
Commissioner is particularly keen on pursuing those who procure the disclosure or sale of Police-
held personal data.
The data protection officer will be informed of the outcome of the case in order that any necessary
remedial action can be identified and undertaken by the service.
If you have any queries regarding your request or the decision please do not hesitate to contact me
on 028 9070 0164. When contacting the Freedom of Information Team, please quote the reference
number listed at the beginning of this letter.
If you are dissatisfied in any way with the handling of your request, you have the right to request a
review. You should do this as soon as possible, or in any case within two months of the date of issue
of this letter. In the event that you require a review to be undertaken, you can do so by writing to the
Head of Freedom of Information, PSNI Headquarters, 65 Knock Road, Belfast, BT5 6LE or by
emailing [email address].
If following an internal review, carried out by an independent decision maker, you were to remain
dissatisfied in any way with the handling of the request you may make a complaint, under Section 50
of the Freedom of Information Act, to the Information Commissioner’s Office and ask that they
investigate whether the PSNI has complied with the terms of the Freedom of Information Act. You
can write to the Information Commissioner at Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF. In most circumstances the Information Commissioner
will not investigate a complaint unless an internal review procedure has been carried out, however
the Commissioner has the option to investigate the matter at his discretion.
Please be advised that PSNI replies under Freedom of Information may be released into the public
domain via our website @ www.psni.police.uk
Personal details in respect of your request have, where applicable, been removed to protect
confidentiality.
