Information Commissioner's Office

Public Prosecutions Service for Northern Ireland

31 May 2007, Police and criminal justice

The complainant made a request to the Public Prosecution Service for Northern Ireland (“PPS(NI)”) on 23 November 2005 for a copy of the Chief Inspector’s report and all supporting documentation submitted by the Police Service of Northern Ireland (PSNI) to the PPS(NI) in relation to his official complaint against several police officers (“the requested information”). The PPS(NI) withheld the requested information relying on exemptions under sections 30(1)(a)(i), 30(1)(b), 30(1)(c), 30(2)(a)(i), 30(2)(a)(ii) (investigations and proceedings conducted by public authorities), 40 (2) and 40(3) (personal data relating to third parties) of the Act. The complainant appealed to the Information Commissioner (the Commissioner). The Commissioner has not upheld the complaint as he is satisfied that the exemptions were applied correctly to the requested information and that, in this particular case, the public interest in withholding the information outweighs the public interest in disclosing the information. However, the Commissioner also finds that the PPS(NI) is in breach of sections 17(1)(c) and 17(3)(b) of the Act as it has failed to provide an adequate refusal notice in accordance with the terms of the Act. An appeal was made to the Information Tribunal, but the appeal was dismissed.

FOI 17: Upheld