Summary: The complainant requested information as to whether a particular police investigation was taking place. The Police Service of Northern Ireland (-˜PSNI-™) refused to confirm or deny whether this information was held, citing section 30(3) (information held for the purposes of an investigation) of FOIA. The Commissioner-™s decision is that the exemption was engaged and that the public interest in maintaining the exclusion from the duty to confirm or deny outweighed the public interest in disclosing whether PSNI holds the information. The Commissioner therefore finds that PSNI had acted correctly in refusing to confirm or deny whether it held the information. In responding to the request outside the statutory 20 working days limit, PSNI breached section 10(1) of FOIA. The Commissioner does not require PSNI to take any remedial steps.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 30 - Complaint Not upheld