Question
1. To detail PSNI structures and processes in relation to providing answers to Freedom of Information requests including any relevant case classifications (routine, sensitive etc);
2. To confirm if the PSNI makes its FOI decisions without reference to any other agency;
3. If not, to further confirm which agencies the PSNI may consult with in relation to FOI requests, in which categories of cases and to provide copies of MOUs or written documentation that details and governs relevant arrangements;
4. To advise of the particular processes that arise where the PSNI consider a FoI requests raises "a national security" issue;
5. To further advise in relation to FOI requests that are deemed to raise a "national security" interest, if a 3rd party agency has a veto power in relation to a FOI determination?
Answer
1. To detail PSNI structures and processes in relation to providing answers to Freedom of Information requests including any relevant case classifications (routine, sensitive etc);
The PSNI’s Corporate Information Branch (CIB) processes requests both in the Freedom of Information (FOI) legislation and also Subject Access Requests (SAR) under the Data Protection Act 2018 (DPA), UK GDPR, Data Use and Access Act 2025 (DUAA) on behalf of the PSNI’s Chief Constable.
CIB receives written FOI requests from requesters, primarily electronically. To assist with the process in December 2024 we introduced a new database. In conjunction with the system, we introduced an electronic online form which is completed by the requester and provides all the key details required to commence the FOI process.
This then imports the requests directly onto the database and generates a unique reference number. As CIB are responsible for handling the administration of requests we have an Administrative Team who review the details and acknowledge requests. Whilst we do not hold information relating to the organisation, we reach out to the relevant business in an attempt to capture the data and this process is undertaken by the Decision Makers in CIB. The Decision Makers are responsible for taking carriage and managing FOI’s requests including composing a response to the requester in line with the FOIA. Within CIB, we have Team Leaders who manage teams, providing assistance, guidance which may include quality assuring responses prior to release.
On occasions when a requester is dissatisfied with their response they are entitled to complain and PSNI undertake an independent review process which includes complaint received from the Information Commissions Office (ICO).
The PSNI’s Corporate Information Branch does not routinely have case classifications. However, to assist with the management of cases within CIB we have introduced classifications to help visually manage our own assigned cases and assign a priority where it’s relevant (e.g. escalated as urgent as relates to a ICO or DPO complaint) or where a customer has contacted the organisation a number of times as the case is delayed.
2. To confirm if the PSNI makes its FOI decisions without reference to any other agency;
A public authority has functions and responsibilities under Part I (Access to information held by public authorities) of the Freedom of Information Act 2000 (“the Act’), under Section 45 of the Act, to consult with other public authorities if for example we hold their information and this forms part of a response under the FOIA. This also includes public authorities consulting with PSNI.
Within the FOI process NPCC have set mandatory referrals which require all Forces to refer requests/ responses under FOI. This also includes for example if we are citing S23 ‘Information supplied by or relating to security bodies’ and S24 ‘National Security’
3. If not, to further confirm which agencies the PSNI may consult with in relation to FOI requests, in which categories of cases and to provide copies of MOUs or written documentation that details and governs relevant arrangements;
Any consultations are undertaken on a case by case basis. PSNI refers to guidance from the Information Commission’s Office (ICO) which all public authorities refer to when processing requests for information. The ICO’s guidance makes clear how the exemptions operate, thus ensuring PSNI has both handled the request in line with its legal obligations set down under the Act and with the guidance issued by the Information Commission. MOUs or ISAs are not required to consult with our partners.
4. To advise of the particular processes that arise where the PSNI consider a FoI requests raises "a national security" issue;
Each FOI request is reviewed and any decisions are made on a case by case and in line with our legal obligations under the FOIA. If the information requested includes information supplied by or relating to security bodies, the stakeholders are consulted with via NPCC, who are the mediators for all Forces and make direct contact with the relevant agencies. PSNI will receive any responses via NPCC.
5. To further advise in relation to FOI requests that are deemed to raise a "national security" interest, if a 3rd party agency has a veto power in relation to a FOI determination?
The ICO’s guidance makes clear how the exemptions operate, thus ensuring PSNI has handled the request in line with its legal obligations set down under the Act and in line with guidance issued by the Information Commission. If an exemption is considered to apply to the information requested, PSNI will lawfully cite the FOI exemption relevant to the request. Whilst PSNI are obliged to consult with other public authorities, and during our decision making process we can consider their views including any concerns / harm raised by releasing information into the public domain , as the information is held by PSNI, it is ultimately our decision, how we respond to the request.
Colin McGrath MLA - SDLP