February 11, 2026 | Incident and Crime Statistics , Missing Person
Request Number: FOI/16016
Category: Incident and Crime Satistics - Missing Person
Subject: PSNI Letter Sent Regarding Protest
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 (PSNI) does hold some information to which your request relates and this is being provided to you.
The Police Service of Northern Ireland is providing an NCND response to requests 1, 2, 3, 4 and 5 which we will explain further in the response below. We further consider the information you seek in request number 8 is exempt by virtue of Section 40 and 38 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 (ICO) which we have followed in responding to your request.
Request Details
About your recent letter to those Defending The Right To Protest.
Given the following information:
The UK government's ban on Palestine Action limits the rights and freedoms of people in the UK and is at odds with international law, the UN human rights chief has said. Volker Türk, the UN human rights commissioner, said ministers' decision to designate the group a terrorist organisation was "disproportionate and unnecessary” and called on them to rescind it. In a statement on Friday, he said the ban amounted to an "impermissible restriction” of people's rights to freedom of expression and assembly that was "at odds with the UK's obligations under international human rights law”.
https://www.theguardian.com/politics/2025/jul/25/uk-ban-palestine-action-odds-international-law-un-rights-volker-turk
Clarification Received
Here are the words on your letter sent to persons unknown as requested.
Please answer the following questions:
Request 1
How long has the officer/officers who sent out this letter/s been a police man/woman?
Request 2
What training did they receive on writing letters to members of the public?
Request 3
What guidance document did you use and consult before writing these letters and posting them?
Request 4
Did you PSNI write this letter?
Request 5
What guidance document do you hold which provides any authority to write this letter?
Answer 1 to 5
The Police Service of Northern Ireland can neither confirm nor deny the letter supplied with this request was sent by the PSNI as it may be identifiable as an individual’s letter. Confirming or denying that this letter was sent would amount to confirming, in a public forum, if the PSNI had been in contact with an individual. Additionally, by confirming or denying whether information is held, could undermine ongoing investigations which would hinder the prevention and detection of crime.
Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the information specified in the request is held. The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held.
Where exemption/s are relied upon Section 17(1) of FOIA requires that we provide the applicant with a notice which
a) states that fact,
b) specifies the exemption(s) in question and
c) states (if that would not otherwise be apparent) why the exemption applies.
The Police Service of Northern Ireland (PSNI) can Neither Confirm Nor Deny that it holds the information relevant to your request as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemption(s):
Section 30(3) - Investigations Conducted by Public Authorities – The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exemption information by virtue of subsection (1) or (2)
Section 40(5)(a)(b)(i) Personal Information - The duty to confirm or deny does not apply if to do so 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.
‘Neither Confirm nor Deny’ (NCND)
There may be occasions when complying with the duty to confirm or deny under section 1(1)(a) would in itself disclose sensitive or potentially damaging information that falls under an exemption. In these circumstances, the Act allows a public authority to respond by refusing to confirm or deny whether it holds the requested information.
The decision to issue a ‘neither confirm nor deny’ response is not affected by whether we do or do not hold the information but relates to the consequences of confirming or denying the information is held. The starting point and main focus in most cases will be theoretical considerations about the consequences of confirming or denying that a particular type of information is held. The decision to neither confirm nor deny is separate from a decision not to disclose information and needs to be taken entirely on its own merits.
PSNI follow the Information Commissioner’s Guidance in relation to ‘NCND’ and you may find it helpful to refer to this at the following link:
https://ico.org.uk/for-organisations/guidance-index/freedom-of-information-and-environmental-information-regulations/when-to-refuse-to-confirm-or-deny-holding-information/
Section 30 is a qualified class based exemption and there is a requirement to conduct a public interest test.
Section 40 is a class based exemption, therefore it is not necessary to carry out a public interest test.
Exemptions Explained
Section 40
Information disclosed under the FOIA is disclosed into the public domain, effectively to the world and not just to one individual. To confirm or deny whether personal information exists in response to your request could publicly reveal information about individuals, thereby breaching the right to protection of their personal information afforded to them under the Data Protection Act 2018. When confirming or denying that information is held would breach an individual’s rights under the Data Protection Act legislation, Section 40 (5) becomes an absolute exemption, and there is no requirement to provide evidence of a prejudice occurring, or to conduct a public interest test. To confirm or deny that the PSNI hold or do not hold information would in fact confirm information about an individual including the fact it may or may not be held. This would amount to a release into the public domain of personal information about an individual. The individual would have no expectation that these details would be released into the public domain, therefore their data protection rights would be breached by release.
Individuals may try to use the FOI legislation to circumvent the law and may try to obtain information which they are not entitled to or to try and find out whether the police hold any information about others. To ensure this does not occur, police services use a ‘neither confirm nor deny approach’ and this has to be used consistently to ensure that we can protect this method of response and do not and undermine the rationale for adopting the NCND response in the first place.
PSNI considers the information you have requested is exempt by virtue of Neither confirm nor deny exemptions which PSNI is entitled to rely upon. Due to the specific nature of this FOI request, to confirm or deny that the PSNI hold any of the requested information would in fact confirm information which is personal to an individual.
Section 30
Harm for NCND Section 30(3)
Whilst there is a public interest in the transparency of policing, providing assurance that the Police Service is appropriately and effectively engaging with the public, to confirm or deny that these letters have been sent by the PSNI may alert those who intend to commit crime, to ongoing investigations. This could prejudice ongoing investigations as suspects may change their actions to evade detection, leading to a risk to public safety.
Public Interest Test
Factors Favouring Confirmation or Denial - Section 30(3)
Confirming or denying whether any information is held would provide an insight into the police service. This could enable the public to have a better understanding of police procedures. Where public funds are being spent, there is a public interest in accountability and justifying the use of public money.
Factors Against Confirmation or Denial - Section 30(3)
By confirming or denying whether information is held, could undermine ongoing investigations which would hinder the prevention and detection of crime. If an FOI disclosure revealed information to the world, which could identify ongoing investigations and where they are targeted, this could then be used by offenders to their advantage to evade detection, which could compromise law enforcement efforts and potentially encourage offenders to carry out further crimes. This would not be in the public interest as it could negatively impact public safety.
Balancing Test/ Decision
Confirmation or denial alone can be considered a release of information and 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.
Although there is a public interest in the transparency of how police are carrying out policing activities, the police service will not disclose information which could prejudice any potential investigations. PSNI must ensure that potential investigations or future evidence opportunities are not adversely affected by the information released into the public domain. The requirement to protect our investigative functions, must take precedence over the important issues of public accountability and transparency. Therefore, the public interest, in this instance, is best served by neither confirming nor denying if this information is held.
However, this should not be taken as conclusive evidence that the information you requested exists or does not exist.
Request 6
Have the PSNI received training on The Human Rights Act 1998? What guidance documents do you hold which details how to apply this Act to your work?
Answer 6
Human Rights is a recurring theme within all training in the Police College and is a common thread through many subjects delivered by the local teams and would be included, where appropriate, within training. Additionally, all Student Officers are provided with an overview of the Human Rights Act 1998 on their first week of foundation training.
Request 7
When was the last date The Public Order Enquiry Team received training on The Human Rights Act 1998?
Answer 7
As per FOI/15456, it has been deemed over cost to answer this request. We acknowledge that in the advice and guidance section of the response to FOI/15456, it was stated that this request could be answered, however, this was in error as FOI/15456 only breached the 18 hour cost limit due to this question. We apologise for this over sight but have provided responses to all remaining questions.
Request 8
Who is in charge of this Public Order Enquiry Team?
Answer 8
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 38(1)(a)(b) - Health And Safety: Information is exempt information if its disclosure under this Act would, or would be likely to: (a) 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)(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.
Exemptions Explained
Section 38
Section 38 is a qualified prejudice based exemption and evidence of harm together with a public interest test must be made.
Harm
Under the Freedom of Information Act 2000 (FOIA) a request is treated as applicant blind, as proof of identity is not required under the legislation. PSNI consider a release under the FOI Act is to the world at large and not to an individual or a private citizen. As such, to release the name of an officer or officers could put their safety at risk, as they could become targets of criminal organisations.
Public Interest Test
Factors Favouring Confirmation or Denial - Section 38
As there is a public interest releasing this information would allow for better informed public awareness and debate and would assist the public in ensuring openness and transparency.
Factors Against Confirmation or Denial - Section 38
Releasing this information could lead to the loss of public confidence in PSNl's ability to protect the wellbeing of any individual(s) that may be the subject of the requested information.
Decision
Information should not be released, if it is likely to have a detrimental effect on the physical or mental health of any individual. It is for these reasons that the public interest must favour exempting the names of individual officers.
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.
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