Injuries reported at QUB Protest

Request Number: FOI/13398

Category: Human Resources - Health and Wellbeing

Subject: Injuries reported at QUB Protest
 

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. However on this occasion the decision has been taken not to supply the information you have requested and we applied FOIA exemptions 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.
 

Thanks for the response to the request FOI-2024-03993. The response included the types of injuries reported by police officers that occurred at a protest at Queens University Belfast on 14th November 2024. My initial request asked for all details of injuries.

Request 1

I would like more information about the injuries, particularly the causes of the injuries.

Request 2

If applicable, who caused the injuries?

Request 3
However, if possible, I would like any and all information relating to the injuries that you hold. 
 

Answers

PSNI believe that this information should remain exempt as this refers to information which forms part of investigatory materials and we have articulated our reasons within our response. 
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 exemptions, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

• Section 30 (1)(a) 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 (i) whether a person should be charged with an offence – Investigations
• Section 30 is a class based qualified exemption which means that it is not necessary to show the harm that may be caused by release however consideration must be given as to whether there is a public interest in disclosure.
• Section 40(2)(a)(b) by virtue of 40(3)(A)(a) Personal Information – Information constitutes personal data and disclosure would contravene any of the Data Protection principles.
• Section 38(1)(a)(b) – Health and Safety – Endanger the physical or mental health of any individual: Disclosure may lead to the identification of police officers.

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 class based qualified exemption which means that it is not necessary to show the harm that may be caused by release however consideration must be given as to whether there is a public interest in disclosure.

Public Interest Test

Factors Favouring Release – Section 30 

The release of such information which is held for investigation purposes would provide an insight into the police service and enable the public to have better understanding of the effectiveness of the police investigative procedures. Disclosure of the requested information could promote public trust in providing transparency, demonstrating openness and accountability into how investigations take place. By releasing the information it may better inform the public and encourage others to come forward with evidence that could assist in the detection and apprehension of an offender/s 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 particular business area.

Factors Favouring Retention – Section 30 

To disclose information in respect of an investigation would seriously compromise and undermine criminal investigations and hinder the ability of the PSNI to take forward any future investigations, thus hindering the course of justice. It would therefore not be in the public interest to release information which would in turn impact on police resources and lead to more crime being committed, placing individuals at risk and an investigation or the outcome of subsequent proceedings could be compromised. Any investigations may be prejudiced by premature release of information resulting in loss of evidence or alerting a suspect, therefore there is a strong public interest in protecting the ability of PSNI to carry out investigations including those legacy cases without fear of premature disclosure of information.

Section 40

Section 40(2)(a)(b) by virtue of 40(3)(A)(a) Personal Information – Information constitutes personal data and disclosure would contravene any of the Data Protection principles: The information requested contains personal data in relation to officers injured. 

Section 40 (2) of the FOIA is an absolute exemption which means there is no requirement on the 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 in relation to names, and therefore this information constitutes information which can identify individuals is ‘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 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 ‘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. 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 the PSNI has made the decision to withhold that information.

Section 38

Section 38(1)(a)(b) – Health and Safety – Endanger the physical or mental health of any individual: Disclosure may lead to the identification of police officers information

Factors Favouring Disclosure - Section 38(1)(a)(b)

Public safety is of paramount importance to the PSNI and must always be considered so that the PSNI’s ability to fulfil its core function of law enforcement is protected. PSNI would not wish to endanger the health and safety of any individual. Release of the information would promote openness and transparency of records held by PSNI.

Factors Favouring Non-Disclosure - Section 38(1)(a)(b)

Release under the FOIA is considered a release into the public domain and the PSNI will not release information which could or is likely to endanger the physical or mental health of any individual.

Releasing the information, in particular information that may lead to the identification of a police officer or officers may lead to the targeting them or their families and could jeopardise the physical and mental wellbeing of the police officers in relation to this case.

By disclosing the information, the risks to individual(s) may be significant and there would be a loss of confidence in the police service to protect individuals.

Decision

The requested information is held as part of a police investigation and PSNI must ensure that any documents are not prematurely released as to do could potentially prejudice / hamper and could adversely affect any future evidence gathering opportunities. Whilst there is a public interest in the transparency of the law enforcement role of the police by providing assurance that the PSNI is appropriately and effectively dealing with crime the police service also has a greater duty of care to all individuals involved in any investigation. There is an expectation that information is provided in confidence. A release of this type of information containing personal information into the public domain would be a breach of this confidentiality and the perception that such statements could be made public may inhibit or dissuade some witnesses from giving statements or providing assistance to the police in future investigations and must take precedence over the important issues of public accountability and transparency. This lessening of public assistance would hamper the investigation and detection of crimes and adversely affect the course of justice. In time it could also lead to a reduction in the public’s confidence in the criminal process.

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 no control or limits as to how the information is shared with other individuals therefore a disclosure under FOI is considered a release to the world in general. 

Therefore in particular in response to Request 2 of your request seeking ‘who caused the injuries’ is most likely not to be released through a FOI response. Whilst the proper detection, investigation and prosecution of crimes are cornerstones of a modern democratic society the Police Service will never divulge information if it will hinder those core responsibilities. Information released under the Act, where exemptions apply, will only be done where there is a tangible community benefit which is more powerful than the harm that can be done. The PSNI takes the view that this does not apply in this case. 

There is always a possibility of public/media criticism which could affect community confidence, as a result of all the points discussed above, it has been decided that the balance of the public interest, in this instance, is best served, by withholding the information at this time to which you seek access.

However PSNI is of the view that the balance lies in favour of non-disclosure of the requested information and it should remain exempt.