FOI 20-24: CCTV recordings for the 4th floor
Information Standards Freedom of Information Response
Our Ref: FOI 20-24
13 May 2024
Freedom of Information Act 2000
The Northern Ireland Assembly Commission (Assembly Commission) has processed your request dated 31 March 2024 under the Freedom of Information Act 2000 (FOIA). In your request, you asked:
“I require the CCTV recordings for the 4th floor - room 401 on the following dates 08/01/2024 and 15/01/2024.”
Our response
The Assembly Commission considers that the information sought in your request, is exempt from disclosure under section 38(2) of the FOIA (health and safety) as set out below:
(1) Information is exempt information if its disclosure under this Act would, or would be likely to—
(a) endanger the physical or mental health of any individual, or
(b) endanger the safety of any individual.
(2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, have either of the effects mentioned in subsection (1).
Members of the Assembly may express controversial and politically contested conflict in the course of their work, which is principally based in Parliament Buildings. They may espouse policies and enact legislation with which members of the public may disagree. This is part of the democratic process, and they are entitled to do so in a safe environment.
In this case, to confirm or deny specific security-related details, particularly whether or not areas of Parliament Buildings were covered by CCTV, would be likely to endangerthe safety of Members of the Assembly, and potentially other users of the building, as well as prejudicing the effective operation of security management within Parliament Buildings.
Public interest test
Before relying on section 38(2) of the FOIA, a public authority must consider the public interest in confirming or denying whether information is held and the public interest in maintaining the exemption. This involves weighing up the risks to the health and safety of an individual or group against the public interest in disclosure, in all the circumstances of the case.
Factors which would favour confirming or denying whether such information is held include the public interest in openness and transparency, and assurance to the public that adequate arrangements are in place to ensure the security of Members of the Assembly, and those working in and visiting Parliament Buildings.
The factors which would favour maintaining the exemption are that, to disclose whether or not areas of Parliament Buildings are covered by CCTV could result in a significant risk of endangerment to members of the Assembly and (to a lesser extent) others working in and visiting Parliament Buildings if that information were put to improper use.
It is considered that in all the circumstances of this case, the public interest in maintaining the exemption outweighs the public interest in disclosure.
Further information
You have the right to request an internal review of this decision by the Assembly Commission. If you wish to request such a review, please write to me at the above address. If, after that review, you are dissatisfied with the way in which the Assembly Commission has handled your request for information, you may complain to the Information Commissioner’s Office (ICO) at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Your request for information and our response may be published in the disclosure log maintained by the Assembly Commission under a publication scheme agreed with the ICO. The request and our response will be anonymised.
Yours sincerely
Data Protection and Governance Officer
