FOI release

PSIA 2001 section 19 authority, 1 January 2023 to 7 June 2023

Published 4 July 2023

1. Request

Under [the] FOI Act 2000, please find below request:

  1. Please provide copies of any delegations of authority, to grant authorisations under s19 (2) of the Private Security Industry Act 2001, made under Schedule 1 paragraph 9 to the Act, between 1 January 2023 and 7 June 2023

  2. Please provide copies of any authorisations granted under s19 (2) of the 2001 Act by the Authority, or someone delegated the function, in relation to Northern Ireland between 1 January 23 and 7 June 23

  3. Please provide any documents, memos, emails, texts or other material whether written or electronic (excluding legally privileged correspondence) between 1 January 23 and 7 June 23 which relates to the delegation of authority to grant s19 (2) authorisations in relation to Northern Ireland

2. Response

I can confirm that we hold the information that has been requested.

2.1 Point 1

No delegations of authority to grant authorisations under s19(2) of the Private Security Industry Act 2001 were made between the period 1 January 2023 and 7 June 2023

2.2 Point 2

Authorisations granted under s19(2) of the 2001 Act by the Authority, or someone delegated the function are not jurisdiction specific and apply to the England, Wales, Scotland and Northern Ireland. Attached is the proforma authorisation. I can confirm that 9 authorisations were granted during this period to SIA employees and 9 authorisations were granted to persons delegated the function.

The authorisations contain the names of those who have been delegated authority. We are not obliged, under section 40(2) of the Freedom of Information Act 2000, to provide information that is the personal information of another person if releasing it would contravene any of the data protection principles as set out at section 34 of the Data Protection Act 2018.

The first principle requires that the disclosure of the requested personal data must be lawful and fair. Under the Act the disclosure of personal data is considered to be lawful if:

  • there is a legitimate interest in the disclosure of that personal data
  • the disclosure of the personal data is necessary to meet that legitimate interest
  • the disclosure would not cause unwarranted harm to the data subject

Having considered the release of the names of the individuals granted authorisations, I am of the view that disclosing them would not serve any legitimate interest.

2.3 Point 3

Part of the information pertaining to the delegation of authority to grant s19(2) authorisations in relation to Northern Ireland during the period 1 January 2023 and 7 June 2023 is legally privileged and therefore exempt under s42 of the Freedom of Information Act 2000.

The other part of the information is exempt under s30(2)(a)(ii) as it is information obtained or recorded by the authority for the purposes of its functions relating to criminal proceedings which the authority has the power to conduct.

[Reference: FOI 0421]