January 07, 2026 | Organisational Information and Performance , Security and Data Protection
Request Number: FOI/15042
Category: Organisational Information & Performance - Security and Data Protection
Subject: Information Stored about Officers
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.
We consider the information you seek in request number 1 is exempt by virtue of Section 31 of FOIA and have detailed our rationale as to why this exemption applies. Requests 2 and 3 are exempt by virtue of Section 21 of FOIA.
We also consider Requests 4, 5 and 6 not to be valid FOI requests. Request 7 is exempt by virtue of Section 40 and Section 30 of FOIA. 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
What personal information is held by PSNI relating to a serving Police Officers family members, i.e spouse, children, parents and siblings and where is any such information retained?
Answer 1
We consider this information exempt because although it is held electronically or on paper files, release could reveal the effectiveness of policing.
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 exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:
Section 31(1)(a)(b) – Law Enforcement – the prevention or detection of crime and the apprehension or prosecution of offenders.
Section 31 is a prejudice based qualified exemption and there is a requirement to articulate the harm that would be caused in releasing the requested information as well as considering the public interest to ensure that withholding the information is the appropriate response.
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.
Factors Favouring Disclosure – Section 31
Disclosure of the information would inform public debate on the issue of policing and contribute to the accuracy of that debate while illustrating to the public how funds are being spent and would better inform the public, demonstrating openness, transparency and accountability on the part of the PSNI.
Factors Favouring Retention – Section 31
The current and future law enforcement role of the Service may be compromised by the release of the requested information. A clear link exists between knowledge available to criminals and the way they operate, with the resultant impact to the Service. Release of this information would highlight how police manage sensitive data on police systems, police information security and relevant processes compromising how police keep sensitive policing data secure. The release of information which could reveal details on the effectiveness of policing, taken on its own or together with other information, either already available or the subject of further requests, could damage the law enforcement capabilities of the PSNI.
Decision
The Police Service is under severe threat from terrorists and any information identifying specific information held by PSNI could be used to the advantage of terrorists or criminal organisations placing individuals at risk.
PSNI is tasked with the prevention and detection of crime and protecting the public. It is the PSNI’s role to uphold law enforcement and if criminals/terrorists are made aware of how PSNI manage police data or how our information security roles function this would compromise PSNI data security, and PSNI systems. 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 acknowledged that wherever possible policing matters must be transparent and accountable. However, police need to make balanced judgements which justify why some information needs to remain exempt and unpublished.
At this time of increased threat of national and international terrorism, criminal elements could use this information to plan or implement attacks on police systems compromising the law enforcement role of police and endangering the public, police officers/staff. Whilst the PSNI would always wish to be transparent and accountable, no release under FOI should be made where lives would be put at risk.
Request 2
Which PSNI Policies govern the accessing of a serving Police Officers personnel/personal computer records by another Police Officer?
Request 3
Please provide me with a copy of the relevant policies above.
Answers to Requests 2 and 3
The following exemption has been applied:
Section 21 - Information Reasonably Accessible by Other Means
Please see the link provided below to our PSNI Adult Privacy Notice on our external website.
Please also see section 170 of the Data Protection Act 2018 which we have provided below:
170 Unlawful obtaining etc of personal data
(1)It is an offence for a person knowingly or recklessly—
(a)to obtain or disclose personal data without the consent of the controller,
(b)to procure the disclosure of personal data to another person without the consent of the controller, or
(c)after obtaining personal data, to retain it without the consent of the person who was the controller in relation to the personal data when it was obtained.
(2)It is a defence for a person charged with an offence under subsection (1) to prove that the obtaining, disclosing, procuring or retaining—
(a)was necessary for the purposes of preventing or detecting crime,
(b)was required or authorised by an enactment, by a rule of law or by the order of a court or tribunal, or
(c)in the particular circumstances, was justified as being in the public interest.
(3)It is also a defence for a person charged with an offence under subsection (1) to prove that—
(a)the person acted in the reasonable belief that the person had a legal right to do the obtaining, disclosing, procuring or retaining,
(b)the person acted in the reasonable belief that the person would have had the consent of the controller if the controller had known about the obtaining, disclosing, procuring or retaining and the circumstances of it, or
(c)the person acted—
(i)for the special purposes,
(ii)with a view to the publication by a person of any journalistic, academic, artistic or literary material, and
(iii)in the reasonable belief that in the particular circumstances the obtaining, disclosing, procuring or retaining was justified as being in the public interest.
(4)It is an offence for a person to sell personal data if the person obtained the data in circumstances in which an offence under subsection (1) was committed.
(5)It is an offence for a person to offer to sell personal data if the person—
(a)has obtained the data in circumstances in which an offence under subsection (1) was committed, or
(b)subsequently obtains the data in such circumstances.
(6)For the purposes of subsection (5), an advertisement indicating that personal data is or may be for sale is an offer to sell the data.
(7)In this section—
(a)references to the consent of a controller do not include the consent of a person who is a controller by virtue of Article 28(10) of the [F1UK GDPR] or section 59(8) or 105(3) of this Act (processor to be treated as controller in certain circumstances);
(b)where there is more than one controller, such references are references to the consent of one or more of them.
Please also see the below link for the Service Instruction for Information Security available on the PSNI website which may assist you.
Information Security 19 October 2023.pdf
PSNI can advise that any information held on police systems must only be accessed for lawful policing purposes, this would include the access of information relating to officers and staff. Any inappropriate access, use, or disclosure of police information may be subject to misconduct and/or criminal investigation.
Request 4
If a Police Officer accesses another Police Officers personnel/personal computer records out with the relevant policies does this constitute a data breach?
Request 5
If a Police Officer accesses another Police Officers personnel/personal computer records out with the relevant policies does this constitute a criminal offence?
Request 6
If a Police Officer accesses another Police Officers personnel/personal computer records outwith the relevant policies does this constitute a disciplinary offence?
Answers to Requests 4-6
It is our opinion that these requests are not valid FOI requests by virtue of all 3 requests being general questions, and not requests for information held but rather seeking yes or no answers. As FOI is the request for recorded information, we are not obliged to create information for the purposes of these requests.
Section 84 of FOIA relates to recorded information held by a public authority and that it does not extend to providing explanations unless the answers are already held in a recorded form.
"Information is defined in section 84 of the Act as 'information recorded in any form'. The Act therefore only extends to requests for recorded information. It does not require public authorities (in this case the PSNI) to answer questions generally; only if they already hold the answers in recorded form. The Act does not extend to requests for information about policies or their implementation, or the merits or demerits of any proposal or action - unless, of course, the answer to any such request is already held in recorded form." (Day vs ICO & DWP – EA/2006/0069 Final Decision)
Can we also refer you to the guidance provided by the Information Commission (ICO)which may be of further assistance and can be accessed at the following link: How to access information from a public body | ICO
Request 7
How many Police Officer are currently, or have been, the subject of criminal and/or disciplinary investigation relative to the alleged/suspected misuse of a PSNI computer system and/or data
held therein for the period 25/2/25 to 20/6/25?
Answer 7
The information requested is considered to be ‘low level’ data which may lead to identification and as this is currently subject to a ‘live investigation’, PSNI need to ensure that information is not released prematurely and thus prejudice the case.
The exemption/s, as well as the factors the Department considered when deciding where the public interest lies, are listed below:
Section 30(1)(a) - Investigations and proceedings conducted by the public authority – Information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of (a) any investigation which the public authority has a duty to conduct with a view to it been ascertained (i) whether a person should be charged with an offence or (ii) whether a person charged with an offence is guilty of it.
Section 30 is a qualified and class-based exemption which means a Public Interest Test must be conducted. This exemption covers information held at any time for the purposes of an investigation, whether the case is open, ongoing, or closed.
Public Interest Test
Factors Favouring Release – Section 30
The release of the requested information can provide transparency and promote public trust in the police service. It would assist in showing that the PSNI are conducting thorough investigations into such incidents. 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 business 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 there may be some information already in the public domain, the PSNI will not be providing any further details, as they have a duty to protect the integrity of investigative information.
Decision
In this case PSNI considers the balance of the public interest favours application of the exemption. The public interest is not what interests the public but what will be of greater good if released to the community as a whole. It is not in the public interest to disclose information that may compromise a public authority’s ability to pursue any investigation where disclosure may jeopardise future criminal proceedings linked to this or any other investigation.
Section 40(2) – Personal Information
The provision of an answer would disclose third party personal data, not that of the requester, and would thus breach Article 5(1)(f) of the UK GDPR – Integrity and Confidentiality. 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) – Personal Information
The release of information under Freedom of Information (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 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.
The individuals would have no expectation that these details would be released into the public domain; therefore for PSNI to do so would be in breach of its data protection obligations and be unfair to individuals.
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.