June 23, 2025 | Finance and Procurement , Finance
Request Number: FOI/14780
Category: Organisational Information – HR Employment and Other
Subject: Financial Contribution to Legal Bill
Request and Answer:
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 information to which your request relates. The decision has been taken not to supply the information you have requested and the reasons for this are set out in more detail below. 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
In March 2025 Sean a retired TSG officer, accompanied by his solicitor Kevin Winters made false allegations of sectarianism within PSNI. Did PSNI, the Catholic Guild or any other representative body within PSNI contribute financially towards the legal bill incurred by Sean to KRW Law, or any other legal representative and if yes, by how much?
Answer
PSNI is withholding information in relation to the individual you refer to and the rationale 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)(i) – Personal Information
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, PSNI must however consider if information can be released into the public domain. Section 40 is an interface exemption which means we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’). To ensure that persons cannot be identified, it has been decided to redacted some information which is the ’personal data’ of those individuals as defined under Data Protection legislation.
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.
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 ‘fairly and lawfully’. 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. I consider those individuals would not have any reasonable expectation that PSNI would disclose such information of this nature about them into the public domain. I further 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 partially exempt for your request under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and PSNI has made the decision to redact that information
Please note
The PSNI Catholic Guild or any other representative body do not come under the Freedom Of Information Act