December 10, 2025 | Organisational Information and Performance , Procedures
Request Number: FOI/16108
Category: Organisational Information & Performance - Procedures
Subject: Guidance - Section 13 of the Terrorism Act
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 some information to which your request relates and this is being provided to you.
However, we consider some of the information you seek is exempt by virtue of Section 31 and 40 of FOIA and have detailed our rationale as to why these exemptions apply. 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
Can you please forward to us a copy of the said guidance? (Internal Police Guidance issued to PSNI officers regarding breaches of Section 13 of the Terrorism Act, in relation to Palestine Action, as discussed in the latest NI Policing Board meeting)
Answer
Please see attached the PDF titled – ‘16108 – Guidance Issued to Officers’. We have redacted some information as it relates to ongoing investigations, reveals policing tactics or contains personal information.
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:
- states that fact,
- specifies the exemption in question and
- states (if not otherwise apparent) why the exemption applies.
The exemptions, as well as the factors the Department considered when deciding where the public interest lies, are listed below:
Section 30(1)(a)(i) and Section 30(2)(a)(i) – Investigations and Proceedings - Information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of any investigation which the public authority has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence. Additionally, information held by a public authority is exempt information if it was obtained or recorded by the authority for the purposes of its functions relating to investigations falling within subsection (1)(a) or (b).
Section 31(1) (a) (b) - Law Enforcement – Information would be likely to prejudice (a) the prevention or detection of crime (b) the apprehension or prosecution of offenders.
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 30 is a qualified class based exemption and there is a requirement to conduct a public interest test.
Section 31 are prejudice based qualified exemptions which means there is a requirement to evidence the prejudice (harm) in disclosure and consider the public interest.
Section 40 is an absolute class based exemption and no public interest test is required.
Exemptions Explained
Section 30 Public Interest Test
Factors Favouring Release - Section 30
Disclosing this information would assist in showing that the PSNI are conducting thorough investigations into such incidents. There is much public interest in ensuring that investigations are undertaken professionally and rigorously and disclosure of the requested information could promote public trust in providing transparency, demonstrating openness and accountability in relation to investigations. Releasing the information may better inform the public and encourage others to come forward to report criminal offences if they know a proper investigation will be undertaken. All police investigations involve the use of public funds and this information could allow the public to make informed decisions about police procedures and the money spent in this area.
Factors Favouring Retention – Section 30
The information requested is held for the purposes of investigations and therefore if the PSNI were to release the requested information it could compromise and undermine any ongoing investigations, thus hindering the course of justice by prematurely releasing information.
Information relating to an investigation will rarely be disclosed under the provisions of the Freedom of Information Act. Whilst information may be released if it provides a tangible community benefit, for example to prevent or detect crime or to protect life or property, it is challenging to see how releasing this information will do so.
Balancing Test – Section 30
It could be argued that there is a public interest in the transparency of investigations carried out by the police to ensure they are being conducted appropriately and in line with current investigative guidelines. However, the Police Service has a duty to ensure effective law enforcement, to allow the detection and investigation of crime.
The detection and investigation of crimes are cornerstones of a modern democratic society and the PSNI’s investigative role is of paramount importance. The Police Service will not divulge information if to do so could adversely affect any investigations.
The release of information under the Freedom of Information Act is 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 the information is shared with other individuals, therefore a release under FOI is considered a disclosure to the world in general.
Therefore, the public interest, in this instance, is best served by not releasing the information, to which you seek access, into the public domain through a FOI release.
Section 31 Harm
Disclosure of the information would reveal specific strategies, rationale, intelligence and tactics in relation to the identification and policing of proscribed terrorist groups. This could be used by criminals, those with criminal intent, members of proscribed organisations, and terrorists to undermine and obstruct operational policing, as well as amend their current practices to evade detection. This would consequently be detrimental to the police’s ability to ensure the law is enforced, offenders apprehended, public safety is maintained and threats to the security of the UK are identified and prevented.
Additionally, disclosure of information captured by this request would undermine the effectiveness of current and future police operations and proceedings. It would reveal details of police intelligence and strategy used to counter criminal activity and apprehend offenders.
Section 31 Public Interest test
Factors Favouring Release
Disclosure of information would provide the pubic with better understanding of operational policing, increase public debate and provide information which may allow the public to take steps to better protect themselves. This awareness may also lead to more information being passed to police by the public as they become more alert to suspicious activity.
Factors Against Release
By disclosing the information, law enforcement tactics would be compromised which would hinder the prevention and detection of crime specific to terrorism. More crime would be committed because members of proscribed terrorist organisations, would have knowledge of operational capability, tactics, strategy and intelligence which would allow then to operate more effectively as well as avoid detection. This may put the public at an increased risk of harm and any information which undermines operational law enforcement or places the public at risk is not in the public interest to disclose.
Section 31 Balancing Test/Decision
While it is important to provide the public with an insight into operational policing, the effective delivery of operational law enforcement takes priority and is at the forefront of PSNI to ensure the prevention and detection of crime is carried out and the effective apprehension or prosecution of offenders is maintained, whilst safeguarding the public. Releasing all of the requested information would compromise the PSNI’s ability to carry out these functions and would be to the detriment of public safety.
The only way of reducing risk is to be cautious with what is placed into the public domain. Once information is disclosed by FOI there is no control or limits as to who or how the information is shared with other individuals, therefore a release under FOI is considered a release to the world in general, not just to the individual requesting the information.
It is our opinion that the balancing test demonstrates disclosing the requested information would not be in the public interest.
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.