Chief Constable Police Service of Northern Ireland (PSNI)

The complainant has requested information relating to communications between the British Broadcasting Corporation (BBC) and the Police Service of Northern Ireland (“PSNI”), connected to its Spotlight TV series. PSNI disclosed some of the information, withholding the remainder under sections 30(1) (Investigations and proceedings), 31(1), (Law enforcement), 40(2) (Personal information) and 38(1) (Health and safety) of FOIA.

The Commissioner finds that sections 30(1) and 40(2) are only partly engaged. He finds that, where cited in isolation, ie not in conjunction with section 30(1) or deemed out of scope, section 38(1) is not engaged. He did not find it necessary to consider section 31(1). He further finds that, on the balance of probability, PSNI has failed to identify all of the withheld information.

The Commissioner requires PSNI to take the following steps to ensure compliance with the legislation: Identify any further correspondence that flows from the documents on pages 17 and 25 of the new bundle provided on 6 June 2025 and either disclose this, or issue a fresh response which explains why it is exempt from disclosure; Disclose any information withheld under section 30 which does not relate to a criminal investigation, redacting as appropriate any information which is exempt under section 40; Disclose any occurrence of the names listed in the attached confidential annex; Disclose the information withheld under section 38 on page 21 of the new bundle, other than the name of a deceased officer.