What is a Sensitivity Review?
Sensitivity review is the process of examining records prior to transfer to PRONI in order to determine their access status.
This involves identifying information which may require protection, considering relevant exemptions under the Freedom of Information Act 2000 (FOIA) or other legislation, and assessing how the record can be made available to the public.
The outcome of sensitivity review is an access decision, which determines whether records are:
- fully open
- fully closed
- partially closed (where some information would require protection under FOIA)
Sensitivity review ensures that records can be made accessible in a controlled and lawful manner, while protecting personal data and other sensitive information.
Why is Sensitivity Review Important?
PRONI makes records available to the public as part of its role as the official archive for Northern Ireland. All records transferred to PRONI must be accompanied by an access decision.
Sensitivity review ensures that:
- appropriate access decisions are applied at the point of transfer
- sensitive information is properly identified and protected
- records can be released in accordance with FOIA and other relevant legislation
Sensitivity review forms part of the wider process of preparing records for transfer and should be planned in advance as part of normal records management activity.
The FOIA Section 46 Code of Practice on the Management of Records places a duty on public authorities to ensure that records are appropriately organised, retained and reviewed throughout their lifecycle. Sensitivity review is a key part of this process, enabling records to be transferred and accessed in a controlled and compliant way.
What must be done before records transfer
Before transferring records to PRONI, authorities must:
- complete a sensitivity review of all records
- determine and record an access decision
- complete a PR14(H) form for each record or series
- ensure that access decisions are clear, consistent and capable of being explained if challenged
You can download the PR14(H) form template and completion guidance from this website.
The level of detail recorded must reflect the sensitivity review undertaken and should be sufficient to support future access requests.
Authorities are encouraged to consider, at the point of transfer, how they would respond to a request for access to the records under FOIA.
What level of Sensitivity Review is required?
The level of sensitivity review required depends on the type of transferring organisation and how PRONI will use the information provided.
NI Departments
Departments must carry out a full sensitivity review. This includes reviewing records in detail, identifying sensitive information, indicating where that information appears, citing relevant FOIA exemptions, and providing a clear explanation of why each exemption applies.
This level of detail is required because PRONI relies on departmental sensitivity review to prepare records for public release as part of the annual transfer and release process.
Responsibility for carrying out this review rests with the transferring department.
Other Public Authorities
Other public authorities must provide a clear and meaningful access decision but are not required to carry out a full page-by-page review.
This means authorities should:
- identify whether records are open or closed on transfer
- identify relevant FOIA exemptions
- describe the nature of the sensitive information
- indicate, at an appropriate level, where sensitive material is located within the records
The level of review undertaken should be proportionate to the nature, volume and sensitivity of the records.
How PRONI uses access decisions
PRONI uses access decisions in different ways depending on the type of organisation transferring the records.
NI Departments
Records transferred from NI Departments form part of the annual release of public records under the 20-year rule. PRONI uses the sensitivity review provided by Departments to identify exempt information, apply necessary closures, and prepare records for public access.
For this reason, sensitivity review carried out by Departments must be detailed and precise.
Other Public Authorities
Records transferred from other public authorities are not normally part of the annual release programme.
PRONI will catalogue records based on the access decision provided and make them available in accordance with that decision. Where a request is made for access to closed records, PRONI will consult the Responsible Authority before responding.
FOIA requests and the Responsible Authority
Following transfer, responsibility for access decisions does not pass entirely to PRONI. Under the Freedom of Information Act 2000, PRONI will consult the Responsible Authority before providing advice to the Minister for Communities about the disclosure of information from closed records.
The Responsible Authority is the organisation which created or transferred the records, or its successor body. This responsibility continues after records have been transferred to PRONI.
Where a request is made for access to closed records, PRONI will formally consult the Responsible Authority to seek a recommendation on disclosure. The Responsible Authority is expected to consider the request, apply relevant exemptions where appropriate, and respond within statutory timescales.
Further information on how PRONI manages requests for access to closed records is available on the PRONI website.
Why this matters when preparing records for transfer
Authorities should be aware that responsibility for access decisions continues after transfer. They may be consulted by PRONI in relation to requests for access to closed or partially closed records.
The quality and clarity of sensitivity review at the point of transfer will directly affect the organisation’s ability to respond to such requests. Where access decisions are well-defined and supported by clear reasoning, responses can be handled more efficiently and consistently. Where sensitivity review is limited or unclear, additional work may be required at the point of request, including further review of records.
Authorities should therefore ensure that access decisions are:
- clearly recorded
- consistent
- capable of being explained and justified if challenged
The FOIA Section 46 Code of Practice also emphasises the importance of maintaining sufficient information about records to support access decisions over time. The information recorded at transfer stage plays an essential role in meeting this expectation.
Further Guidance
PRONI provides guidance, templates and training to support transferring bodies in meeting these requirements. Authorities should ensure they are using the most up-to-date versions of all documentation and should contact PRONI for advice where needed.
PRONI does not provide advice on the application of FOIA exemptions. Transferring authorities remain responsible for ensuring that appropriate expertise and processes are in place to support their access decisions.