Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Police Service of Northern Ireland (Police and criminal justice) [2021] UKICO IC-49770 (30 March 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-49770.html
Cite as: [2021] UKICO IC-49770

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Police Service of Northern Ireland

The complainant requested information about monies owed, and other associated details, by a named goldmining company to the Police Service of Northern Ireland (‘PSNI’). PSNI denied holding some of the requested information. For the majority of the request, it refused to confirm or deny whether the information was held on the basis that, if held, it would be exempt under section 42(2) of FOIA – the exemption for legal professional privilege. The Commissioner’s decision is that PSNI was correct to consider the request under FOIA as opposed to the EIR. She finds, on the balance of probabilities, that some of the requested information was not held by PSNI. She also finds that PSNI was entitled to rely on section 42(2) for the remainder of the request, and that the public interest test favoured maintaining the ‘neither confirm nor deny’ provision. The Commissioner does not require PSNI to take any steps as a result of this notice.

FOI 42: Complaint not upheld FOI 1: Complaint not upheld

Decision notice: IC-49770