The Katie Trust

Request Number: FOI/15812

Category: Operational policing, Investigations and Events - Police Correspondence and Reports

Subject: The Katie Trust

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 some of the information you seek in your request is exempt by virtue of Sections 31, 38 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
Under Freedom of Information legislation please provide a copy of the email or the content thereof around a direction to all PSNI officers and staff on or around the 8 August 2025 in relation to engagement with the Katie Trust and/or individuals involved with this organisation.

Answer
While we are providing you with the email sent, the personal details of the person who sent the email have been redacted out for the reasons underlined 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:

1. states that fact,
2. specifies the exemption in question and
3. 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 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).

Section 38(1 )(a)(b)- Health & Safety - Information which would or would be likely to, endanger the physical or mental health of any individual or (b) endanger the safety of any individual.

Section 40(2)(a)(b) by virtue of Section 40(3)(a)(i) – Personal 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 that individual and the nature of the information involved. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. We consider it would be extremely unfair to that individual and therefore it would be a breach of the first principle of data protection legislation as we consider that individual 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.

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.

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. 

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. 

Decision 
The Police Service is under severe threat from terrorists and any information identifying individuals 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 individual’s names this could compromise the safety of that individual. 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 the PSNI 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. 

We have therefore determined that the release of the information requested would therefore not be in the public interest.

Section 38
Section 38 is a prejudice based, qualified exemption which means that in order to engage the exemption harm or prejudice must be likely to arise. This exemption also carries a public interest test which PSNI has considered further below.

Harm
The mental health and safety of all officers and staff is important to the PSNI. It is important any member of staff or officer is protected and not caused any harm.

Factors favouring Disclosure Section 38
Releasing the requested information would promote transparency and openness within the PSNI.

Factors favouring Retention Section 38
The disclosure of this information could expose the individual to harassment, threats or physical harm. PSNI would not wish to endanger the health and safety of any individual through disclosing information that could have an impact on their health and safety.

Decision
While there is a general public interest in promoting openness and transparency within the PSNI, this is outweighed by the significant risk that disclosure would be likely to endanger the health and safety of the individual concerned. The public would expect that PSNI not release any information that could cause harm to any individual. Therefore, it is our opinion that the above exemption is suitable to apply in this instance in order to mitigate this harm.

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.