Public photography

Aodhán R made this Freedom of Information request to Police Service of Northern Ireland

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Police Service of Northern Ireland,

In relation to Section 58A of the Terrorism Act 2000, I am aware that this makes it an offence to photograph a police officer if the images are considered "likely to be useful" to a terrorist.

As most people know, Northern Ireland is much more different than Great Britan when it comes to data collection of police officers as the Police Service of Northern Ireland is under more threat.

I would like to know, how does the PSNI instruct officers in relation to this act. How do they deem an image to be "likely to be useful" to any terrorist?

My second question is when being stopped and searched, are you allowed to hold a mobile phone to record as long as you aren't resisting or obstructing the search?

Yours faithfully,

Aodhán Robertson.

Police Service of Northern Ireland

This e-mail has been marked OFFICIAL [PUBLIC];

8th August 2019

Dear Robertson,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 8th August
2019 which was received by the Police Service of Northern Ireland (PSNI)
on 8th August 2019.  I note you seek access to the following information:

Public Photography Of Police Officers

This request will be dealt with under the terms of the Freedom of
Information Act 2000. A response should be sent to you within 20 working
days however I would like to advise you that PSNI are currently
experiencing a delay in the processing of requests and we aim to respond
to your request as soon as possible.

If your request is unclear and clarification is required the 20 day
legislative time limit dictated by the Freedom of Information Act 2000
will be stopped until we receive clarification of your request. The ICO
guidance at paragraph 40 of the link below sets out that the clock begins
anew the day after the clarification is received. It states

“If the requester subsequently provides enough detail to enable the
authority to identify and locate the information, then the authority must
respond to the clarified request within a new 20 working day time limit
with the ‘clock’ starting the day after it receives the required
clarification. “

The link for this is:

[1]https://ico.org.uk/media/for-organisatio...

In the event where the cost of complying with the request would exceed the
“appropriate level”, which is fixed at £450, as stated in the Freedom of
Information Regulations 2004, it is the policy of the PSNI to close the
request. You will however be notified of this decision and given an
opportunity to refine and resubmit the request.

If your request requires either full or partial transference to another
public authority in order to answer your query, again, you will be
notified.

If you have any queries regarding your request please write or contact the
Corporate Information Branch on 028 9070 0164. Please remember to quote
the reference number listed above in any future communications with the
Corporate Information Branch.

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 Corporate Information Branch, 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.

Yours sincerely,

P addy

FOI Decision Maker
Corporate Information Branch
PSNI HQ Brooklyn

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References

Visible links
1. https://ico.org.uk/media/for-organisatio...

Police Service of Northern Ireland

1 Attachment

This e-mail has been marked OFFICIAL [PUBLIC];

Subject: FOI-2019-01953
20th December 2019

Dear Mr Robertson,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 8th August
2019 which was received by the Police Service of Northern Ireland on  8th
August 2019 concerning:

Public Photography Of Police Officers

Please find attached response to your request and accept our apologises
for the delay.

 

Yours sincerely

Jane
FOI Decision Maker
Corporate Information Branch
PSNI HQ Brooklyn

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