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Decision Summary

  • Case Ref: FS50151825
  • Date: 12 November 2007
  • Public Authority: Public Prosecutions Service for Northern Ireland
  • Summary: The complainant made a request to the Public Prosecution Service for Northern Ireland (“PPS(NI)”) for a copy of any psychiatric or probation report or any character references on Robert Lesarian Howard. Mr Howard was acquitted of the murder of Arlene Arkinson in June 2005. The PPS(NI) withheld the requested information relying on exemptions under sections 30(1)(a)(i) and (ii), 30(1)(b) and 30(1)(c) (investigations and proceedings conducted by public authorities) and 40(2) (personal data relating to third parties) of the Act. The complainant appealed to the Information Commissioner (the Commissioner). The Commissioner has not upheld the complaint as he is satisfied that the PPS(NI) was correct to withhold the information requested under section 40(2) of the Act, since its disclosure would breach data protection principles. Information Tribunal appeal number EA/2007/0125 has been dismissed.
  • View PDF of Decision Notice: [1]