Subject Access Request Statistics

Request Number: FOI/14763

Category: Policing Themes, Operations and Investigations – Policing Other 

Subject: Subject Access Request Statistics

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 of the information to which your request relates and this is being provided to you.

We consider that the information in relation to Request numbers 2 and 3 are exempt by virtue of Section 40 and we are providing an NCND response and will explain this further in the response below.

We further consider that the information in relation to Request numbers 4 and 6 are exempt by virtue of Section 21 & 22 and we have detailed our rationale as to why this exemption applies.

We do not however hold information in relation to Request number 5.

We will explain how the exemptions we are relying upon operate in our response 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.

Request 1
What is the current number of active SARs in PSNI’s queue?

Answer 1
As of 22/5/2025 there were 325 SARs open. (56 of which were allocated to decision makers at this time)

Request 2
What is the current position of my request (SAR/17217) in that queue?

Request 3
What is the estimated time to completion of my request?

Answers 2 & 3
In accordance with the Act, this represents a Refusal Notice for Request 2. The Police Service of Northern Ireland can neither confirm nor deny that it holds any other information you have requested.

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 exemptions 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:

Section 40 (1) – Personal Information - The duty to confirm or deny does not arise 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/media/for-0rganisations/documents/1166/when_to_refuse_to_confirm_or_deny_section_1_foia.pdf

Section 40 is a class based exemption; therefore it is not necessary to carry out a public interest test.

Section 40 (1) - Personal Information
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 an individual or 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(1) 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.

PSNI considers the information you have requested is exempt by virtue of Neither confirm nor deny exemptions which PSNI is entitled to rely upon. This should not be taken as conclusive evidence that the information you requested exists or does not exist.

The release of information under Freedom of Information (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 who or how the information is shared with other individuals, therefore a release under FOI is considered a disclosure to the world in general.

Request 4
Total number of SARs received per month for the last 6 months.

Answer 4
This request is being refused as the Information Reasonably Accessible by Other Means.
PSNI publish figures on Monthly Request Handling Statistics where the public can view our progress in handling Freedom of Information and Environmental Information Regulations and Subject Access Requests. Unfortunately not all data is available, this is due to Corporate Information Branch carrying out a changeover in software. The new software was not recording certain information from December 2024 to March 2025 and PSNI can confirm that it can not be retroactively obtained. The next update which will cover the period of May 2025 will be published in due course.

For your convenience, please see direct link below

Monthly Request Handling Statistics | PSNI

Exemption explained
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/s, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 21(1) - Information Reasonably Accessible by Other Means - Information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information.

Section 22 – Information intended for future publication

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 .

Pursuant to the provisions of Section 22 of the Freedom of Information Act 2000 it has been decided to refuse access to the information you have requested.  Under Section 22(1)(a) of the Act the Police Service of Northern Ireland (PSNI) is not obliged to disclose information that is held with a view to its publication at some future date.

Section 22 is a qualified exemption so therefore the PSNI is obliged to carry out a Public Interest Test.

Public Interest Test
Factors Favouring Release
Disclosure of requested information would demonstrate PSNI’s openness and transparency. Will also highlight to the Public scale of hate crimes committed on transgender community in Northern Ireland.

Factors Favouring Retention
The spending of additional funds in order to facilitate this FOI request would not be in the public interest as this information is due to be released in the near future. Early release of unprocessed figures may undermine the future reports and provide Public with an incorrect statistics.

Decision
There needs to be a real and valid reason which identifies a tangible benefit to the public from disclosure of information. As the information is intended to be published at a near future date, it is reasonable to exempt it as publication is imminent.

Request 5
Average, minimum, and maximum processing times per month.

Answer 5
In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland (PSNI) does not hold information in relation to Request 5. Enquiries made in relation to your request failed to locate any records or documents relevant to your request based on the information you have provided.

PSNI can confirm that this data is not recorded. Accordingly, we have determined that the Police Service of Northern Ireland does not hold the information to which you seek access.              

Request 6
Number of SARs completed within and outside the 30-day deadline each month.

Answer 6
Please see the answer to Request 4.