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Decision Summary

  • Case Ref: FS50152489
  • Date: 21 May 2009
  • Public Authority: Police Service of Northern Ireland
  • Summary: The complainant requested information from the Police Service of Northern Ireland (the ‘PSNI’) relating to an investigation into a murder. The PSNI refused the request, claiming that all of the requested information was exempt under section 30(1)(a)(i) and (ii) of the Act. The PSNI initially advised the Commissioner that it had not considered whether it actually held information of the description specified in the request, and that it had come to the view that it might not hold the information. Subsequently the requested information was discovered by the PSNI, but it was intermingled with information not relevant to the request. The PSNI then sought to refuse the request under the cost limit set out in section 12. The Commissioner found that the PSNI had not adequately searched for the information at the time of the request, and that its refusal notice failed to comply with the requirements of section 17 of the Act. However, the Commissioner is satisfied that the request could correctly be refused under section 12 of the Act, as the process of extracting the requested information from the physical files would exceed the cost limit. Accordingly the Commissioner does not require the PSNI to take any remedial steps in relation to this request.
  • View PDF of Decision Notice: [1]