Sex offenders register

Summary

A request was made for the names, ages, and addresses of all living sex offenders in the Isle of Man, but the Constabulary withheld this specific personal data citing absolute exemptions under data protection laws and qualified exemptions regarding crime prevention.

Key Facts

• The request was received on 16 December 2019 and responded to on 18 December 2019.
• The Isle of Man Constabulary determined that names and addresses constitute personal data.
• Disclosure was refused as it would contravene data protection principles under the GDPR.
• The authority concluded that the public interest in withholding information outweighed the interest in disclosure.
• The response included 5 pages across 2 documents, though the specific offender details were exempt.

Data Disclosed

• 1102261
• 2019-12-16
• 2019-12-18
• 5
• 2
• s25(b)(i)&(ii)
• section 32(1)
• section 32(2)
• Article 5
• Article 6
• Article 9
• Custody Act 1995

Exemptions Cited

• Section 25(b)(i) and (ii) of the Act (Absolute exemption for personal data)
• Data Protection (Application of GDPR) Order 2018
• Section 32(1) of the Act (Prejudice to prevention or detection of crime, apprehension of offenders, administration of justice)
• Section 32(2) of the Act (Prejudice to exercise of public authority functions)

Original Request

Hi please may I have names, ages, and addresses if possible for all Manx living offenders many thanks

Data Tables (1)

Full Response Text

Isle of Man Constabulary Freedom of Information Department of Home Affairs Headquarters Tromode Road, Douglas Isle of Man, IM2 5PA Tel: +44(0)1624631394

Our ref: 1102261 18 December 2019

Dear ###

We write further to your request which was received on 16 December 2019 and which states:

"Hi please may I have names, ages, and addresses if possible for all Manx living offenders many thanks"

Our response to your request is as follows: I have enclosed copies of the information. s25(b)(i)&(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: • The Isle of Man Constabulary is satisfied that the information amounts to personal data of which you are not the data subject; and • The Isle of Man Constabulary is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Isle of Man Constabulary can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and one of the conditions in Article 9 of the GDPR and Schedule 2 of the Implementing Regulations is met and in this case, none of those conditions have been met.

Names and addresses are personal data and may lead to the identification of persons.

While our aim is to provide information whenever possible, in this instance the information is exempt under section 32(1) of the act as disclosure of this information would be likely to prejudice:

(a) the prevention or detection of crime; (b) the apprehension or prosecution of offenders; (c) the administration of justice; (d) the assessment or collection of a tax or duty or of an imposition of a similar nature; (e) the operation of immigration controls; or (f) the maintenance of security and good order in institutions (within the meaning of the Custody Act 1995) where persons are lawfully detained.

While our aim is to provide information whenever possible, in this instance the information requested is exempt under section 32(2) of the Act as disclosure would, or would be likely to, prejudice the exercise by any public authority of its functions for any of the purposes mentioned in subsection (3) or any civil proceedings brought as a result of the exercise of such a function. (3) The purposes are — (a) to ascertain whether a person has failed to comply with the law; (b) to ascertain whether a person is responsible for conduct that is improper; (c) to ascertain whether regulatory action under any enactment is justified; (d) to ascertain a person’s fitness or competence in relation to — (i) the management of bodies corporate; or (ii) any profession or other activity that the person is, or seeks to become, authorised to carry on; (e) to ascertain the cause of an accident; (f) to protect a charity against misconduct or mismanagement (whether by trustees or other persons) in its administration; (g) to protect the property of a charity from loss or mismanagement; (h) to recover the property of a charity; (i) to secure the health, safety and welfare of persons at work; and (j) to protect persons, other than persons at work, against risk to health or safety where that risk arises out of, or in connection with, the actions of persons at work. Or any civil proceedings brought as a result of the exercise of that function. As section 32 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large. Factors in favour of disclosure Some of the information is in the public domain.

Factors in favour of withholding A fear of crime would be realised. Individuals may be placed at risk. May hinder the prevention and detection of crime. More crime may be committed.

In taking these factors into account the Isle of Man Constabulary determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 1102261 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely

FOI Sex Offender Ages Information request Our reference: 1102261

This is a request for persons on the Sex Offenders Register.

“…names, ages, and addresses if possible for all Manx living offenders”

Names and addresses will not be released. In order not to identify individuals, offenders have been grouped by age range. This is a request for persons on the Sex Offenders Register.

Results Information was retrieved from IOM Constabulary datasource (Connect) for persons with a Sex Offender warning marker as of 16/12/2019.
This included both individuals convicted of a relevant offence in the Isle of Man, and individuals convicted of a relevant offence in the UK, who are living in the Isle of Man, and have registered with the Sex Offenders Registrar. It excludes any persons whose current home address is shown outside the Isle of Man, but includes those whose current home address is unknown.
The table below collates the number of individuals by age range: Age Range Total 10>20 2 20>30 13 30>40 7 40>50 13 50>60 19 60>70 11 70>80 8 Grand Total 73