Information Commissioner's Office

Northern Ireland Court Service

28 January 2008, Police and criminal justice

On 29 November 2005 the complainant made a request to the Northern Ireland Court Service (“NICS”), for documentation, notes (handwritten, electronic or otherwise), telephone records received into and emanating from NICS in relation to emails and letters sent by the complainant. NICS claimed that they did not hold some of the information and applied section 36 (2) (b) (i) and (ii) and section 42 (1) to the remainder. The Commissioner finds that NICS did hold some of the information requested and have breached sections 1(1) (a), section 17 (3) (b) of the Freedom of Information Act (“the Act”) The Commissioner is satisfied that some of the requested information is exempt under section 42 of the Act and that the balance of the public interest lies in maintaining the exemption in this case. The Commissioner finds that the section 36(2)(b)(i) and (ii) exemption is engaged in relation to remainder of the information. However, he finds that the public interest lies in the disclosure of the information and he requires NICS to disclose this. The Commissioner is also satisfied that some of the information is exempt information by virtue of section 21 as it is available to the applicant by other means.

FOI 1: Upheld