An Garda Siochiina Freedom of Information Of?ce, An Gerda Siochana, Athlumney House, IDA Business Park, Johnstown, Navan, Oi?g Saor?la Faisneise, An Garda Stochana, Teach ath Luimnigh, Larionad Gno Udaras Forbartha Tionscail, Baile Sheain An Uaimh, Contae na MI. Co Meath. C15 ND62 C15 ND62 TeileafontTel: (046] 9036350 Laithreim Gr?asainlWebsite: Bi Hun/Join us .a Riomh-phoist:tEmaii: mm Mr. Ken Foxe, kend?rightto kn ow.ie Re: Freedom of Information Request FOI-000187-2020 Internal Review Dear Mr. Foxe, I refer to your appeal in relation to the following request which you have made under the Freedom of Information Act 2014 (FOI Act) for records held by An Garda Sioohana. A Chief Superintendent who is a more senior member of staff of this organisation has reviewed your request and has decided to vag the original decision of the Freedom of Information Of?cer. Your original reguest sought: Under the FOI Act 2014, I am seeking the following: - an anonymised record indicating the number of gardai who have been convicted of a crime since 1 Jan 2017, the nature of the conviction, and the status of any disciplinary action that was taken against them. Your anneal sought: i wish to seek internal review of the following. Providing anonymised information in the fashion sought in this request cannot be considered a disclosure of personal information. it would not serve to identi?) the individual in any way, unless the details were alreaajz in the public domain. There is a very strong public interest in the public?s right to know information about criminal convictions within An Garda Siochdna, and how they are dealt with. lnsu?icient weight has been given to this in your decision. In any event, the de?nition of personal information in the Ol Act specifically excludes information like this. It does not cover cases where an individual holds a position as an employee of a public boafv and where it relates to that person ?s employment by the state. Additionally, Section 35 cannot apply to a member of sta? and they are expressly excluded ?'om this confidentiality? provision. to hard-s \inrhana: \gi tli?tll?tlil Kermit: People we The Act is clear: Subsection (1) shaH not apply to a record which is prepared by a head or any other person (being a director, or member of the sta?o? an 01 body or a service provider) in the course of the performance of his or her functions unless disclosure of the information concerned would constitute a breach of a duty of confidence that is provided for by an agreement or statute or otherwise by law and is owed to a person other than an F01 body or head or a director, or member of the sta? of an FOI body or of such a service provider. In arriving at this decision the Internal Reviewer had regard to this request and decision letter of June, 2019. Having reviewed your request and the associated correspondence the Internal Reviewer has decided to vary the decision of the Freedom of Information of?cer, which is in his remit, as per section 21(2)(b) of the FOI Act. On foot of the decision by the Internal Reviewer, I have decided to part grant your request on 27?? July 2017. The purpose of this letter is to explain that decision. 1. Findings, particulars and reasons for decision I can confirm that records held by Internal Affairs Section indicate that since 15't January 2017, 22 members of An Gerda Siochana have been convicted of criminal offences. The nature of the offences involved is as follows: Sec. 52 Road Traffic Act 1951 as amended Sec. 4 Criminal Justice (Theft Fraud Offences Act 2001 See, 10 Non Fatal Offences Against the Person Act 1997 Sec. 6(1) Child Traf?cking 8i Pornography Act 1993 See. 3 Criminl Law (Sexual Offences) Act 2006 See. 62 Gerda Siochana Act 2005 Sec. 25 Criminal Justice {Theft 8L Fraud Offences Act 2001 Sec, 12(a) Criminal Law Act - Providing False Reports Sec. 5 Child Traf?cking 8L Pornography Act 1993 Sec. 4 Road Traf?c Act 2010 as amended, Sec. 53 Road Traf?c Act 1961 as amended, No NCT, No Tax Drink Driving (Northern Ireland Conviction) Sec. 4 Road Traf?c Act 2010 as amended Sec. 4 8t 5 Road Traffic Act 2010 nd Section 52 Road Traffic Act 1961-2016 Sec. 4 Road Traf?c Act 2010 as amended Sec. 45 Criminal Justice {Sexual Offences) Act 2017 See. 3 Misuse of Drugs Act 1977-1934 Sec. 26 Theft 8: Fraud Offences Act 2001, Sec. 38 8t 54 Road Traffic Act 1961 as amended Sec. 2 Criminal Law (Rape) (Amendment) Act 1990 1 I-I \n hard-.1. mum-nil Hilhlmillc Ki'ctlillu Milt I am refusing to release records pertaining to the element of your request seeking ?the status of any disciplinary action that was taken against them? on the basis that the information concerned is of a personal nature to the individuals involved. Under Section 37 of the FOI Act, the Head of a public body $1.111 (mandatory) re?ise to grant an FOI request if access to the record concerned would involve the disclosure of personal information. Personal information is de?ned under Section 2 of the FOI Act and includes the following: Section 2 Interpretation 2. in this Act?? "personal information means information about an identifiable individual that, either? would in the ordinary course of events, be known only to the individual or members of the family, or friends, of the individual, or is held by an body on the understanding that it would be treated by that body as confidential, and, without prejudice to the generality of the foregoing, includes? (vi) information relating to any criminal history of or the commission or alleged commission of any o?ence by, the individual, information relating to any proceedings for an o?ience committed, or alleged to have been committed by the individual, the disposal of such proceedings or the sentence imposed by any court in such proceedings, Section 37 Personal Information I am refusing to provide the records you seek as it is my opinion that the information contained therein comes within the ambit of the de?nition of Personal Information as per Section 2 of the FOI Act. The provision of these records to you would be releasing personal information which is prohibited by the FOI Act. This decision is made in accordance with Section 37(1) of the FOI Act which states: Subject to this section, a head shall refuse to grant an request in the opinion of the head, access to the record concerned would involve the disclosure of personal information (including personal information relating to a deceased individual). In applying Section 37(1) of the Freedom of Information Act, a public interest test must be applied to ensure the actions taken are done so in the best interest of the public. Public Interest Test As per Section 37 of the FOI Act, I have considered the public interest issues which arise in this case and have taken account of the following factors in favour of release: 0 Ensuring openness and transparency of Organisational functions to the greatest possible extent, in tu mum-:iil ?wihhnilir harping l?rnrxir Hal. The public interest in members of the public exercising their rights under the 01 Act, 0 That there is more than just a transitory interest by the public in this information, The right to privacy is outweighed by the needs of the public. In considering the public interest factors which favour withholding the records, I have taken account of the following: 0 Allowing a public body to hold personal information without undue access, 0 The public interest does not override the right of a public body to con?dentially retain the personal information of staff, 0 That the Organisation can conduct its business in a con?dential manner, 0 That there is a reasonable and implied expectation by employees that sensitive personal information will remain con?dential. A Public Interest Test was carried out when considering the release of this personal information but having balanced the factors both for and against the release, I decided that the public interest in preserving the personal information and the reasonable expectation that information can be maintained in a confidential manner by An Garda Siochana in the context of its disciplinary proceedings outweighs the public interest which would be served were the records released to you. Yours sincerely, ASSISTANT PRINCIPAL PAUL BASSETT FREEDOM OF INFORMATION OFFICER 2? JULY, 2020. ?yi"lt ulinm \ul \nl'i'nilu l'wlliir \itli