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) [2023] UKICO 238248 (21 August 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/238248.html
Cite as: [2023] UKICO 238248

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Police Service of Northern Ireland

The complainant requested from the Police Service of Northern Ireland (PSNI) information regarding the destruction order issued by the RUC (Royal Ulster Constabulary) for a specific weapon. PSNI refused to confirm or deny whether information was held and cited section 30(3). The Commissioner’s decision is PSNI was not entitled to rely on section 30(3) of FOIA. He finds the public interest argument lies in favour of confirming or denying whether the requested information is held. The Commissioner requires PSNI to take the following steps to ensure compliance with the legislation: • Confirm or deny whether it holds the information requested. • If the information is held, PSNI should issue a response or a valid refusal notice, with regard to the second part of the request, in compliance with section 17 of FOIA. PSNI must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 30: Complaint upheld

Decision notice: 238248