March 05, 2025 | Human Resources , Officer and Staff: Health and Wellbeing (Including Sick Absences and Retirement)
Request Number: [FOI/13851]
Category: Other
Subject: Officers who Left PSNI
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 and this is being provided to you.
We further consider that some of the information you seek in Request 1 and all of the information you seek in Request 2 is exempt by virtue of Section 40(2)(a)(b) by virtue of Section 40(3)(A)(a) of FOIA and have detailed our rationale as to why this exemption applies. 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
Could the PSNI provide a breakdown of the number of officers who left the force in 2024, broken down by reason for leaving and rank.
Answer 1
Please see below tables in response to Request 1. We are providing this information in two uncorrelated tables of ‘Police Leavers by Rank’ and ‘Police Leavers by Cessation Reason’.
PSNI are withholding a consolidated table of ‘Police Leavers by Rank’ and ‘Police Leavers by Cessation Reason’ as this information combined with other available information could lead to the identification of individual officers. The rationale for this is outlined 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:
a. states that fact,
b. specifies the exemption in question and
c. 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 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 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 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.
Request 2
Regarding the 17 officers who have resigned in the last five years while under investigation by the PSNIs Professional Standards department could the PSNI provide me with what their "certificate of service" was marked as, in each case. I.e. exceptional, open etc.
https://www.nipolicingboard.org.uk/questions/policy-and-practice-relation-permission-resign-retire-or-medically-retire-when-psni
Answer
The data requested is considered to be low level and identifiable, and there is a significant risk that if provided would be in breach of the data protection regulations.
PSNI have made the decision to withhold this information and we have articulated our rationale 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:
a. states that fact,
b. specifies the exemption in question and
c. 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 40(2)(a)(b) by virtue of Section 40(3)(A)(a) – 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. It 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’) 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 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.
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 in general.