Sexual Misconduct

Request Number: FOI/16610

Category: Discipline and Misconduct - Misconduct

Subject: Sexual Misconduct

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. We further consider the information you seek is exempt by virtue of Section 40 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. 

Question 1
Please can you tell me how many dismissals of officers there have been for sexual misconduct within your police force?

I would like the numbers by year, for the previous ten full financial years, so starting with 2015/16.

If that exceeds the FOI time limit, please send the numbers, by year, for the past five financial years, so starting with 2021/22.

Answer
There has been a total of 26 officers dismissed for sexual misconduct in the last 10 financial years.

2015 to 2020 – Total 3 officers

2021 to 2025 – Total 23 officers

PSNI have made the decision to withhold the year by year breakdown requested as this information could lead to the identification of individual officers. The rationale for this is outlined below.

Partial exemption
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 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.

The exemption/s, are listed below:

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 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 the individual and the nature of the information involved including police officers and police staff must have confidence that their information is treated sensitively and appropriately by PSNI. We consider that any individual would not have any reasonable expectation that PSNI would disclose such information of this nature about them. We consider it would be extremely unfair to this individual and therefore a breach of the first principle of data protection legislation.