Data Protection Offences

Request: FOI-2024-03673   FOI/233

Category: Discipline, Complaints and Legal      Discipline

Subject: Data Protection Offences

Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland does hold some information to which your request relates and this is being provided to you.
We do not however hold information in relation to request number 7 below. We further consider the information you seek in request numbers 1, 2, 3, 4, 5, 6, 9, 10, 11 are exempt by virtue of Section 30 and 40 of FOIA and have detailed our rationale as to why this exemption applies. We have also provided you with links to guidance issued by the Information Commissioner’s Office which we have followed in responding to your request.

Request 1
As of 21/10/2024 how many warranted PSNI officers are being investigated for suspected or alleged works computers misuse / data protection offences? Please only consider investigations by PSD, not OPONI. And please consider from when papers are first served until conclusion at a misconduct board or meeting, or until the AA considers there is no case to answer. Please indicate your response with reference to rank.

Answer 1
There are currently 19 officers being investigated for alleged data protection or computer misuse offences.

As the information requested refers to ‘current and live’ investigations, if disclosed, the number of officers within a certain rank would risk identification of the officers concerned due to the low level of officers within the ranks. Additionally, officers may not be aware of live investigations against them and revealing the breakdown by rank could jeopardise an ongoing investigation by alerting officers that they are being investigated. Therefore we will be exempting this information and the rationale for this is detailed below.

Section 17(1) 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 exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 40(2)(a)(b) by virtue of Section 40(3)(a)(i) – Personal Information
Information constitutes personal data and disclosure would contravene any of the Data Protection principles.

Section 31(1)(g) - Law Enforcement
Information is exempt information if its disclosure under this Act would, or would be likely to prejudice the exercise by any public authority of its functions for any of the purposes specified in subsection (2).

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.

Section 40
Section 40 (2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).

Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. We have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of s40 (3)(A)(a). As information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.

The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not.  In particular, the first principle requires personal data to be processed in a ‘lawful and fair’ manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. The PSNI has a duty to protect the personal data of all individuals, including officers and staff, and to disclose the broken down as per your Request would be unfair to those individuals. We consider it would be extremely unfair to those individuals and therefore it would be a breach of the first principle of data protection legislation as we consider those individuals would not have any reasonable expectation that PSNI would not disclose information of this nature relating to them. This information is therefore exempt under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and the PSNI has made the decision to withhold the information.

The release of information under the Freedom of Information Act is considered a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how information is shared with other individuals, therefore a release under FOI is considered a release to the world.

Section 31
Section 31 is a prejudice based, qualified exemption which means that the legislators have identified that the harm (prejudice) in disclosure as well as the public interest considerations need to be evidenced and articulated to the applicant. 



Harm
PSNI considers that the disclosure of this information could prejudice and undermine any current PSNI investigations. This information may be part of a live investigation and any disclosure could compromise the effectiveness of the investigation process.

A disclosure under FOI is considered a release to the world in general and not just to the applicant requesting the information. Once information is disclosed by FOI, there is no control or limits as to who or how the information is shared with other individuals.

Public Interest Test

Factors Favouring Release
Release all data relevant to this request would lead to a better informed general public by identifying that the PSNI robustly investigates all aspects of misconduct and criminal matters, including allegations made against their own officers. It would also promote public trust in providing transparency and demonstrating openness and accountability into where the police are currently focusing their investigations.

Factors Against Release
Releasing the full breakdown of ranks could potentially alert offenders that they are under investigation. This could undermine the investigative process as offenders may change their behaviours or interfere with evidence to cover up misconduct. Any information which could be used to aid offenders to continue with their misconduct, is not in the public interest.

Balancing Test
Transparency of policing operations and investigations, particularly in relation to the PSNI’s own police officers, provides reassurance that the PSNI is appropriately and effectively investigating current allegations. However, there is a very strong public interest in protecting the integrity of any ongoing investigations as it would not be in the public interest to allow offenders to avoid apprehension.

We have therefore determined that a full disclosure of information into the public domain would not be in the public interest.

The release of information under FOI is a release into the public domain and not just to the individual requesting the information.  Once information is disclosed by FOI, there is not control or limits as to how the information is shared with other individuals, therefore a release under FOI is considered a release to the world in general.

Request 2
As of 21/10/2024 how many PSNI support staff members are being investigated for suspected or alleged works computers misuse / data protection offences. Please only consider investigations by PSD, not OPONI. And please consider from when papers are first served until conclusion at a misconduct board or meeting, or until the AA considers there is no case to answer. Please indicate your response with reference to grade.

Clarification Requested
In relation to police staff: PSD do not progress misconduct hearings for police staff. Do you want information around internal discipline cases for police staff or only cases PSD are looking at initially from a criminal perspective?

Clarification Received
Thank you for this contact. And thank you for the clarity around PSD not progressing misconduct matters for civilian support staff. In the case of support staff, please interpret PSD to refer to whichever body is responsible for progressing misconduct matters for them. So I am looking for information around non-criminal misconduct, as well as criminal matters.


Answer 2
As the information requested refers to ‘current and live’ investigations, if disclosed, the data may identify staff members being investigated due to the low level data. Additionally, staff may not be aware of live investigations against them and revealing this data could jeopardise an ongoing investigation by alerting staff members that they are being investigated. Therefore we will be exempting this information and the rationale for this is detailed below.

Section 17(1) 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 exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 40(2)(a)(b) by virtue of Section 40(3)(a)(i) – Personal Information
Information constitutes personal data and disclosure would contravene any of the Data Protection principles.

Section 31(1)(g) - Law Enforcement
Information is exempt information if its disclosure under this Act would, or would be likely to prejudice the exercise by any public authority of its functions for any of the purposes specified in subsection (2).

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.

Section 40
Section 40 (2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).

Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. We have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of s40 (3)(A)(a). As information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.

The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not.  In particular, the first principle requires personal data to be processed in a ‘lawful and fair’ manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. The PSNI has a duty to protect the personal data of all individuals, including officers and staff, and to disclose the broken down as per your Request would be unfair to those individuals. We consider it would be extremely unfair to those individuals and therefore it would be a breach of the first principle of data protection legislation as we consider those individuals would not have any reasonable expectation that PSNI would not disclose information of this nature relating to them. This information is therefore exempt under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and the PSNI has made the decision to withhold the information.

The release of information under the Freedom of Information Act is considered a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how information is shared with other individuals, therefore a release under FOI is considered a release to the world.

Section 31
Section 31 is a prejudice based, qualified exemption which means that the legislators have identified that the harm (prejudice) in disclosure as well as the public interest considerations need to be evidenced and articulated to the applicant. 

Harm
PSNI considers that the disclosure of this information could prejudice and undermine any current PSNI investigations. This information may be part of a live investigation and any disclosure could compromise the effectiveness of the investigation process.

Public Interest Test

Factors Favouring Release
Release all data relevant to this request would lead to a better informed general public by identifying that the PSNI robustly investigates all aspects of misconduct and criminal matters, including allegations made against their own staff. It would also promote public trust in providing transparency and demonstrating openness and accountability into where the police are currently focusing their investigations.

Factors Against Release
Releasing the data in relation to this request could potentially alert offenders that they are under investigation. This could undermine the investigative process as offenders may change their behaviours or interfere with evidence to cover up their misconduct. Any information which could be used to aid offenders to continue with their misconduct, is not in the public interest.

Balancing Test
Transparency of policing operations and investigations, particularly in relation to the PSNI’s own police officers, provides reassurance that the PSNI is appropriately and effectively investigating current allegations. However, there is a very strong public interest in protecting the integrity of any ongoing investigations as it would not be in the public interest to allow offenders to avoid apprehension.

We have therefore determined that a full disclosure of information into the public domain would not be in the public interest.

The release of information under FOI is a release into the public domain and not just to the individual requesting the information.  Once information is disclosed by FOI, there is not control or limits as to how the information is shared with other individuals, therefore a release under FOI is considered a release to the world in general.

Request 3
Of the numbers quoted in your responses to questions 1 and 2, how many investigations are being treated as misconduct, gross misconduct, and/or criminal investigations? Please indicate the rank or grade of those members.




Request 4
Of the number quoted in your responses to questions 1 and 2, how many members have been repositioned to a different role as a result of the investigation? Please indicate the rank or grade of those members.

Answer 3 and 4
As the information requested in Request 3 and 4 refer to ‘current and live’ investigations, if disclosed, the numbers within a certain rank or grade would risk identification of the officers and staff concerned due to the low level data within the ranks. Additionally, officers and staff may not be aware of live criminal investigations against them and revealing the breakdown by rank or grade could jeopardise an ongoing investigation by alerting offenders that they are being investigated. Therefore we will be exempting this information and the rationale for this is detailed below.

Section 17(1) 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 exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 40(2)(a)(b) by virtue of Section 40(3)(a)(i) – Personal Information
Information constitutes personal data and disclosure would contravene any of the Data Protection principles.

Section 31(1)(a)(b)(g) - Law Enforcement
Information is exempt information if its disclosure under this Act would, or would be likely to prejudice:

    a. the prevention or detection of crime

    b. the apprehension or prosecution of offenders

(g) the exercise by any public authority of its functions for any of the purposes specified in subsection (2).

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.

Section 40
Section 40 (2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).

Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. We have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of s40 (3)(A)(a). As information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.

The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not.  In particular, the first principle requires personal data to be processed in a ‘lawful and fair’ manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. The PSNI has a duty to protect the personal data of all individuals, including officers and staff, and to disclose the broken down as per your Request would be unfair to those individuals. We consider it would be extremely unfair to those individuals and therefore it would be a breach of the first principle of data protection legislation as we consider those individuals would not have any reasonable expectation that PSNI would not disclose information of this nature relating to them. This information is therefore exempt under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and the PSNI has made the decision to withhold the information.

The release of information under the Freedom of Information Act is considered a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how information is shared with other individuals, therefore a release under FOI is considered a release to the world.

Section 31
Section 31 is a prejudice based, qualified exemption which means that the legislators have identified that the harm (prejudice) in disclosure as well as the public interest considerations need to be evidenced and articulated to the applicant. 

Harm
PSNI considers that the disclosure of this information could prejudice and undermine any current PSNI investigations. This information may be part of a live investigation and any disclosure could compromise the effectiveness of the investigation process.

Public Interest Test

Factors Favouring Release
Release all data relevant to this request would lead to a better informed general public by identifying that the PSNI robustly investigates all aspects of misconduct and criminal matters, including allegations made against their own officers. It would also promote public trust in providing transparency and demonstrating openness and accountability into where the police are currently focusing their investigations.

Factors Against Release
Releasing the full breakdown of ranks could potentially alert offenders that they are under investigation. This could undermine the investigative process as offenders may change their behaviours or interfere with evidence to cover up their misconduct. Any information which could be used to aid offenders to continue with their misconduct, is not in the public interest.

Balancing Test
Transparency of policing operations and investigations, particularly in relation to the PSNI’s own police officers, provides reassurance that the PSNI is appropriately and effectively investigating current allegations. However, there is a very strong public interest in protecting the integrity of any ongoing investigations as it would not be in the public interest to allow offenders to avoid apprehension.

We have therefore determined that a full disclosure of information into the public domain would not be in the public interest.

The release of information under FOI is a release into the public domain and not just to the individual requesting the information.  Once information is disclosed by FOI, there is not control or limits as to how the information is shared with other individuals, therefore a release under FOI is considered a release to the world in general.


Request 5
Of the number quoted in your responses to questions 1 and 2, how many members have been suspended.as a result of the investigation? Please indicate the rank or grade of those members.

Answer 5
Three officers or members of staff have been suspended as a result of an investigation.

Providing additional low level data regarding the officers and staff specified above - namely the numbers of staff and officers and their ranks and grades, if provided, could lead to the identification of an individual. Consequently PSNI is withholding the breakdown of the figures given and the rationale for this is outlined under:

Section 17(1) 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 exemption/s, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 40(2)(a)(b) by virtue of Section 40(3)(A)(a) – Personal Information - Information constitutes personal data and disclosure would contravene any of the Data Protection principles.

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.

Section 40
Section 40 (2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).

Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. I have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of s40 (3)(A)(a). As this information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.

The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not.  In particular, the first principle requires personal data to be processed in a lawful and fair manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. We consider those individuals would not have any reasonable expectation PSNI would disclose such information of this nature about them. We consider it would be extremely unfair to those individuals and therefore a breach of the first principle of data protection legislation. This information is therefore exempt under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and PSNI has made the decision to withhold that information.

The release of information under FOI is a release into the public domain and not just to the individual requesting the information.  Once information is disclosed by FOI, there is not control or limits as to how the information is shared with other individuals, therefore a release under FOI is considered a release to the world in general.

Request 6
Of the number quoted in your responses to questions 1 and 2, how many members are also being investigated for suspected matters in addition to alleged computer misuse / data protection issues. Please indicate the rank or grade of those members.

Answer 6
Four officers or members of staff are also being investigated for additional matters.

Providing additional low level data regarding the officers and staff specified above - namely the numbers of staff and officers and their ranks and grades, if provided, could lead to the identification of an individual. Consequently PSNI is withholding the breakdown of the figures given and the rationale for this is outlined under:

Section 17(1) 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 exemption/s, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 40(2)(a)(b) by virtue of Section 40(3)(A)(a) – Personal Information - Information constitutes personal data and disclosure would contravene any of the Data Protection principles.

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.

Section 40
Section 40 (2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).

Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. I have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of s40 (3)(A)(a). As this information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.

The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not.  In particular, the first principle requires personal data to be processed in a lawful and fair manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. We consider those individuals would not have any reasonable expectation PSNI would disclose such information of this nature about them. We consider it would be extremely unfair to those individuals and therefore a breach of the first principle of data protection legislation. This information is therefore exempt under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and PSNI has made the decision to withhold that information.

The release of information under FOI is a release into the public domain and not just to the individual requesting the information.  Once information is disclosed by FOI, there is not control or limits as to how the information is shared with other individuals, therefore a release under FOI is considered a release to the world in general.


Request 7
Please provide me with any policy or guidance which gives direction to PSD / Deputy Chief Constable when deciding if allegations of computer misuse must always be treated as suspected criminal offending, or if it can be regarded and investigated only as species of misconduct.

Answer 7
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland (PSNI) does not hold information in relation to your requests. Enquiries made in relation to your request failed to locate any records or documents relevant to your request based on the information you have provided. 
There is no specific guidance which directs that allegations of breach of data protection/computer misuse must always be treated as a criminal matter, but all reports of alleged misconduct are assessed individually, and on their own merits, based on the facts of the case.
Accordingly, we have determined that the Police Service of Northern Ireland does not hold the information to which you seek access.

Request 8
Since 2020, how many instances of alleged computer misuse by PSD have not resulted in a criminal investigation, but an investigation into suspected misconduct only?

Answer 8
Since 2020 a total of 15 reports of alleged breach of data protection/computer misuse have resulted in a misconduct only investigation by PSD, rather than a criminal investigation.

Request 9
Since 2020, how many members have appeared before misconduct proceedings in relation to alleged computer misuse / data protection issues? Please indicate the rank or grade of those members.

Answer 9
If the information you are seeking is disclosed referencing a specific rank or grade, due to low level data, it has the potential to lead to the identification of an officer or member of staff. Therefore we are exempting certain ranks and providing the figures for multiple ranks within a single band.

Section 17(1) 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 exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 40(2)(a)(b) by virtue of Section 40(3)(a)(i) – Personal Information
Information constitutes personal data and disclosure would contravene any of the Data Protection principles.

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.

Section 40 (2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).

Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. We have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of s40 (3)(A)(a). As information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.

The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not.  In particular, the first principle requires personal data to be processed in a ‘lawful and fair’ manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. The PSNI has a duty to protect the personal data of all individuals, including officers and staff, and to disclose the broken down as per your Request would be unfair to those individuals. We consider it would be extremely unfair to those individuals and therefore it would be a breach of the first principle of data protection legislation as we consider those individuals would not have any reasonable expectation that PSNI would not disclose information of this nature relating to them. This information is therefore exempt under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and the PSNI has made the decision to withhold the information.

The release of information under the Freedom of Information Act is considered a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how information is shared with other individuals, therefore a release under FOI is considered a release to the world.

The breakdown is as follows:

Since 2020 a total of 20 officers have appeared before misconduct proceedings in relation to alleged breach of data protection / computer misuse, broken down as follows:
 

Since 2020 a total of 17 staff have appeared before misconduct proceedings in relation to alleged breach of data protection / computer misuse, broken down as follows:
 

Request 10
Of the number quoted in answer to question 9, please provide details of outcomes and sanctions. Please indicate the rank or grade of those members. Please also indicate the number of members who appeared before misconduct boards or meetings with criminal convictions for their computer misuse / data protection issues. Please indicate their specific outcomes and sanctions.

Answer 10
If the information you are seeking is disclosed referencing a specific rank or grade, due to low level data, it has the potential to lead to the identification of an officer or member of staff. Therefore we are exempting certain ranks and providing the figures for multiple ranks within a single band.

Section 17(1) 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 exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 40(2)(a)(b) by virtue of Section 40(3)(a)(i) – Personal Information
Information constitutes personal data and disclosure would contravene any of the Data Protection principles.

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.

Section 40 (2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).

Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. We have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of s40 (3)(A)(a). As information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.

The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not.  In particular, the first principle requires personal data to be processed in a ‘lawful and fair’ manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. The PSNI has a duty to protect the personal data of all individuals, including officers and staff, and to disclose the broken down as per your Request would be unfair to those individuals. We consider it would be extremely unfair to those individuals and therefore it would be a breach of the first principle of data protection legislation as we consider those individuals would not have any reasonable expectation that PSNI would not disclose information of this nature relating to them. This information is therefore exempt under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and the PSNI has made the decision to withhold the information.

The release of information under the Freedom of Information Act is considered a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how information is shared with other individuals, therefore a release under FOI is considered a release to the world.

The outcomes of officers appearing before misconduct proceedings since 2020 in relation to alleged breach of data protection / computer misuse are as follows:
 

None of the officers have a criminal conviction for their alleged data protection / computer misuse.

The outcomes of staff appearing before misconduct proceedings since 2020 in relation to alleged breach of data protection / computer misuse are as follows:
 

None of the above had criminal convictions before the hearing.

Request 11
As of 21/10/2024, how many members await appearance before misconduct proceedings, the misconduct and criminal investigations already having been concluded? Please indicate the rank or grade of those members. I.e. the AA has directed misconduct proceedings should commence, when time and opportunity allows.

Answer 11
A total of 4 officers or members of staff currently await misconduct proceedings in relation to breach of data protection / computer misuse.

As the information requested refers to ongoing proceedings, if disclosed, the numbers within a certain rank or grade would risk identification of the officers and staff concerned due to the low level data within the ranks or grades. Therefore, we are exempting a data breakdown by rank.

Section 17(1) 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 exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 40(2)(a)(b) by virtue of Section 40(3)(a)(i) – Personal Information
Information constitutes personal data and disclosure would contravene any of the Data Protection principles.

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.

Section 40
Section 40 (2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).

Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. We have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of s40 (3)(A)(a). As information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.

The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not.  In particular, the first principle requires personal data to be processed in a ‘lawful and fair’ manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. The PSNI has a duty to protect the personal data of all individuals, including officers and staff, and to disclose the broken down as per your Request would be unfair to those individuals. We consider it would be extremely unfair to those individuals and therefore it would be a breach of the first principle of data protection legislation as we consider those individuals would not have any reasonable expectation that PSNI would not disclose information of this nature relating to them. This information is therefore exempt under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and the PSNI has made the decision to withhold the information.

The release of information under the Freedom of Information Act is considered a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how information is shared with other individuals, therefore a release under FOI is considered a release to the world.