FREEDOM OF INFORMATION REQUEST
Request Number: F-2020-02028
Keyword: Organisational Information/Governance
Subject: Reports of Covid-19 Breaches
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 by virtue of Section 40 of the 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
Under the Freedom of Information Act, I would like to request details of reports made via the PSNI's
'Covid-19 Reporting Form'. The online portal was set up to allow people to report alleged breaches of
coronavirus restrictions: https://www.psni.police.uk/covid19/ I am seeking similar information to that
disclosed in FOI reference FOI-2020-01562. For each submission made in the online form on
October 19 2020, please disclose the following:
1. The submissions entered in the following sections:
- Date of incident (day/month/year)
- Time of incident
- City
- 'What type(s) of activity do you wish to report?' (Gathering of people not from same household;
Gathering of people not from same household in a public place; Non-essential Travel; Licensed
premises remaining open).
Request 2
The exact text typed (redacted where appropriate if necessary) into the 'description of activity' box in
the online form.
If it is not possible to provide this information for the 24-hour period requested within the time and
cost constraints of the FOI Act, please instead provide the information for the 12-hour period from
9am on October 19 2020.
Answer
As previously mentioned, the requested information is being provided pursuant to Section 40 of the
FOIA and an explanation is provided below. Please see the redacted document attached separately
to this correspondence.
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 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
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 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
contained in the reports constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).
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.
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
the PSNI has made the decision to withhold that information.
If you have any queries regarding your request or the decision please do not hesitate to contact me
on 028 9070 0164. When contacting the Corporate Information Branch, please quote the reference
number listed at the beginning of this letter.
If you are dissatisfied in any way with the handling of your request, you have the right to request a
review. You should do this as soon as possible or in any case within two months of the date of issue
of this letter. In the event that you require a review to be undertaken, you can do so by writing to the
Head of Corporate Information Branch, PSNI Headquarters, 65 Knock Road, Belfast, BT5 6LE or by
emailing [email protected].
If following an internal review, carried out by an independent decision maker, you were to remain
dissatisfied in any way with the handling of the request you may make a complaint, under Section 50
of the Freedom of Information Act, to the Information Commissioner’s Office and ask that they
investigate whether the PSNI has complied with the terms of the Freedom of Information Act. You
can write to the Information Commissioner at Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF. In most circumstances the Information Commissioner
will not investigate a complaint unless an internal review procedure has been carried out, however
the Commissioner has the option to investigate the matter at his discretion.
Please be advised that PSNI replies under Freedom of Information may be released into the public
domain via our website @ www.psni.police.uk
Personal details in respect of your request have, where applicable, been removed to protect
confidentiality.
