April 24^th 2010

Dear Ms Kelly,

FREEDOM OF INFORMATION ACT 2000

Reference No: F-2010 - 00279

I write in connection with your request for information dated 2/2/10 and further correspondence dated 23/3/10 for a review of the initial decision regarding:-

1. How many civilian workers in the PSNI have been convicted for breaches of the data protection act from 2007 to present?

2. How many civilian workers in the PSNI are currently under investigation for breaches of the data protection Act?

I can advise you the PSNI has now completed its review and I have examined how the initial request was processed and the exemption that was applied.

At the outset, I must reiterate that any request made under the Freedom of Information Act 2000 (FOIA) will be treated as applicant blind. Although the public authority will have a name and address for correspondence this is not an overriding factor in arriving at any decision to release information.

In every case, information will be released under FOIA into the public domain and therefore the Police Service of Northern Ireland (PSNI) must be satisfied and content with a number of issues relating to any harm that may be caused by disclosure and the public interest etc.

My review focused on Section 1 (1) and 3 (1) (a,b), (2) (b) of the Freedom of Information Act 2000 in that any person making a request for information to a public authority is entitled:-

(a) To be informed in writing by the public authority whether it holds information of the description specified in the request and

(b) If that is the case, to have that information communicated to him.

One exemption was engaged by the PSNI Central FOI Team whereby the PSNI neither will confirm nor deny that it holds the information relevant to your request and Section 30 (3) - Investigations and Proceedings was listed.

Full and detailed explanations have been provided with regard to the balance of the public interest test and considerations for the confirmation or denial that information is held.

I have examined these and I am satisfied they are reasonable and appropriate in this regard. There is nothing further that I would add or remove from what has already been documented with regard to that element of your request. However, I hope the following clarify and the two points raised have been addressed as follows:-

Point 1

The PSNI Central FOI Unit will liaise with internal Districts and Departments to establish if information is held relevant to the request. As part of that process it was revealed there were no civilian staff members who as a result of internal investigations had been convicted for breaches of the Data Protection Act from 2007 to present. This response was focused on the actual question posed, that no civilian workers in the PSNI have been convicted.

However, after a full review I feel it is reasonable to release the following information. The PSNI did submit files to the Public Prosecution Service and these related to two ex civilian PSNI staff members who were subsequently convicted in court. The initial criminal investigation commenced when they were employed by the PSNI but subsequently left before a recommendation to prosecute was taken.

Point 2

The PSNI will always strive to ensure full compliance with the principles of the Data Protection Act 1998. If and when applicable they will instigate investigations into any alleged breaches of the Act and pursue criminal convictions via the Courts or via internal disciplinary proceedings. In this instance if police were to release specific details of the number of civilian workers who are currently under investigation into the public domain, there is a risk Police could be providing confirmation to an offender that his/her offence has not been identified by the police.

The culprit may then assume they have very little to worry about and police are therefore not looking for anyone in relation to their particular unlawful activity. If confirmation is provided it may encourage the culprit to offend again.

The public will always have an interest in how crime is investigated by police and in particular breaches of the Act relating to police data. Making information of this nature available can show that the PSNI will treat matters of this nature very seriously and take proper and appropriate steps to deal with matters of this nature. However, the public will also have an expectation that the police service will conduct any investigation with due regard to confidentially and will not place any information into the public domain that will impact in a detrimental way on its crime detection purpose.

Therefore, I am satisfied with this element of your request and the PSNI will neither confirm nor deny that it holds information relating to this matter under Section 30 (3) - Investigations and Proceedings.

I believe the public interest in disclosing this information is outweighed by the public interest in withholding and the exemption will remain.

In conclusion, I have independently reviewed your request and additional information relating to the first question highlighted will be released. I am satisfied that neither to confirm nor deny that information is held with regard to the second question raised is appropriate and proper.

I hope the release of this information will address your request and the explanation offered provides you with a reasonable rationale for neither confirming nor denying the PSNI hold information.

If I can be of any further assistance please do not hesitate to contact me or if you still remain unhappy as to how your request has been handled you may wish to apply directly to the Information Commissioner for a decision. You can write to the Information Commissioner at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours Sincerely,

Paul Cleland

Data Protection Officer

Police Service of Northern Ireland HQ

65 Knock Road

Belfast

BT5 6LE