FREEDOM OF INFORMATION REQUEST Request Number: F-2012-01204 Keyword: Road Policing Subject: Locations of all Road Traffic Accidents in Belfast 2009-2011 Request and Answer: I am writing to confirm that the Police Service of Northern Ireland has now completed its search for the information. I have today decided to: disclose information in response to question 1, subject to the deletion of information pursuant to the provisions of Section 40, Section 30 and Section 38 of the Freedom of Information 2000 (the Act). Question May I please obtain the locations of all road traffic accidents (as precisely as it is possible to give; for example, "2 vehicle RTC, northbound lane, near junction of Sandy Row and Bradbury Place") in Belfast for each of the last three years (running from the start of January to end of December) -- 2009 / 2010 / 2011 -- AS WELL AS what data is available for the first three months of 2012. May we sort them by date of incident, and include the following points of information alongside each: Time of accident Whether it resulted in any injuries or fatalities The number of vehicles/motorbikes/bicycles/pedestrians involved Answer Please find attached the table at the end of the correspondence, providing road traffic accidents in Belfast from 2009 – November 2011. I have decided not to release the details of fatal road traffic collisions or the actual timings of each individual collision and only provide the month/ year of the road traffic collisions as to provide the information requested at such a low level has the potential to identify an individual. The information was requested to March 2012, however the statistics are not yet available from December 2011 to date from Statistics Branch as they intend to produce the information by the end of May 2012 on the PSNI website, although I appreciate it will not be at the level of detail that you have requested. I have provided below the link to the PSNI Statistics website which may be of assistance to provide information of all road traffic statistics: http://www.psni.police.uk/index/updates/updates_statistics/updates_road_traffic_statistics.htm Section 17(1) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if not otherwise apparent) why the exemption applies. The exemptions, as well as the factors the Department considered when deciding where the public interest lies, are listed below: Section 40 (2) (a) and (b) by virtue of Section 40 (3) (a) (i) – Personal Information Section 30 (1) (a) Investigations and Proceedings Conducted by Public Authorities Section 38 (1) (a) (b) – Health and Safety Section 40 Personal Information is a class–based exemption, therefore it is not necessary to evidence the harm caused by disclosure. The data protection rights of a third party would be breached by disclosure, therefore Section 40(2) is an Absolute exemption and a Public Interest Test is not necessary. This is so because personal data is governed by other law (The Data Protection Act 1998). All requests made under FOIA are applicant blind. A request must be treated as such and a public authority will always view any disclosure as into the public domain and not just to an individual. Personal Data is regulated under the principles of the Data Protection Act 1998 and when information contains personal data about a third party it can only be released if disclosure would not breach any data protection principles. Principle (1), that personal data is processed lawfully and fairly. Personal data of this nature is recorded and it must be treated in a highly confidential manner and any public disclosure would be unlawful if there is a breach of that law of confidentiality. When a member of the public provides their personal data i.e. the specific date and time of where a road traffic accident occurred to the PSNI they will have an expectation that it will be treated fairly. The information retrieved contains low cell value statistics ie the exact date and time and therefore would amount to releasing sensitive personal information relating to individuals involved in road traffic accidents in Belfast. The public at all times must have confidence that their information is treated sensitively and appropriately. The Service has a duty to protect the personal data of all members of the public and any disclosure of this type of data into the public domain that relates or could be used to identify persons who have been involved in a road traffic accident will be unfair to any individual concerned. The Service would be failing in its lawful duty were it to breach the Data Protection Act in order to furnish a disclosure under the Freedom of Information Act 2000. Section 30 is a classed based qualified exemption and consideration must be given as to whether there is a public interest in disclosure. Public Interest Test Factors Favouring Release – Section 30 The release of such information would provide an insight into the police service and enable the public to have better understanding of the effectiveness of the police. The release of information could allow the public to make informed decisions about police procedures in investigating fatal road traffic accidents and the money spent in this business area. Factors Favouring Retention – Section 30 To disclose information in respect of fatal road traffic accidents could reveal where current investigations are taking place. This could have detrimental effects which would impact ongoing investigations. This would in turn impact on police resources and thus placing individuals at risk and an investigation or the outcome of subsequent proceedings could be compromised. Section 38 is a prejudice based and qualified exemption and this means that the public authority is required to provide harm that could occur following the disclosure of the requested information and must consider the balance of the public interest in releasing the information against the public interest in withholding it. The Harm and Public Interest Test considerations for Section 38 are provided below: Harm Test The identity of these persons may already be in the public domain; however disclosure of the specific dates and times of when a fatal road traffic accident occurred could cause further distress to these individuals surviving relatives. Public Interest Test Factors Favouring Release - Section 38 Releasing the information would promote openness and transparency and the public are entitled to know how the Police Service allocates public funds into any investigations of persons fatally injured in road traffic accidents. The public would be better informed about the service. Factors Favouring Retention - Section 38 Releasing the specific dates and times of when a fatal road traffic accident occurred would likely lead to identifying the deceased and subsequently cause further distress to surviving relatives. Decision I have determined that the release of both the specific dates of when any of the road traffic accidents occurred and all details regarding any fatal road traffic accidents into the public domain would not be in the public interest. On balance the requirement to withhold information relating to any investigations into fatal road traffic accidents, and in conjunction with personal information by releasing the information relating to dates of when any accidents were reported which may affect the outcome of any court proceedings must take precedence. When it comes to the balance of the risk of causing further distress to surviving relatives of persons fatally injured versus accountability, the decision under FOI will always fall in favour of withholding any information that would be likely to cause such distress. The details if released could be used in conjunction with other information which may already be in the public domain or which may become available in the future and could potentially compromise the health and safety of those involved. Whilst there is a public interest in the transparency of how the police deal with fatal road traffic accidents and providing assurance that the PSNI is appropriately and effectively dealing with incidents of this nature, there is also a strong public interest in ensuring investigations are conducted properly. The PSNI will not divulge information if to do so would adversely affect any ongoing investigations. The safety of individuals is of paramount importance and the PSNI will not divulge any information which could put lives at risk. If you have any queries regarding your request or the decision please do not hesitate to contact me on 028 9070 0164. When contacting the Freedom of Information Team, please quote the reference number listed at the beginning of this letter. If you are dissatisfied in any way with the handling of your request, you have the right to request a review. You should do this as soon as possible, or in any case within two months of the date of issue of this letter. In the event that you require a review to be undertaken, you can do so by writing to the Head of Freedom of Information, PSNI Headquarters, 65 Knock Road, Belfast, BT5 6LE or by emailing [email protected]. If following an internal review, carried out by an independent decision maker, you were to remain dissatisfied in any way with the handling of the request you may make a complaint, under Section 50 of the Freedom of Information Act, to the Information Commissioner’s Office and ask that they investigate whether the PSNI has complied with the terms of the Freedom of Information Act. You can write to the Information Commissioner at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.