Statistics on Visit Report action points

Summary

The requester asked for statistics on red, amber, and blue action points from supervisory visit reports for Trust and Corporate Service Providers from 2011 to 2020. The Isle of Man Financial Services Authority refused the request as vexatious because the data is not centrally collated and the colour-coding system was discontinued in mid-2019.

Key Facts

• The request was refused under section 11(3)(d) of the Freedom of Information Act 2015 as vexatious.
• The requested information is not held in a format that allows extraction without significant effort.
• The colour-coding system for action points (Red, Amber, Blue) ceased to be used in mid-2019.
• Action points are recorded within separate licenceholders' files rather than a central database.
• The Authority suggested alternative information sources including annual reports and a March 2020 sector letter.

Data Disclosed

• 2011
• 2020
• 29 July 2020
• 18 August 2020
• mid 2019
• March 2020
• 1391861

Exemptions Cited

• Section 11(3)(d) of the Freedom of Information Act 2015 (Vexatious request)

Original Request

Freedom of Information Request: FSA (or its predecessor organisation) Supervisory Visit Reports on Trust and Corporate Service Providers (TCSPs), Trust Service Providers (TCSPs) and Corporate Service Providers (CSPs) - from the beginning of 2011 to date inclusive. How many action points in each of the criteria below (or the equivalent criteria at the time) were issued to each TCSP, CSP and TSP that underwent a supervisory visit in each of the years from 2011 to date. That is, how many red, how many amber, and how many blue action points for each separate TCSP, CSP or TSP which received a supervisory visit in each calendar year. Also, what was the average number of action points in each of the criteria below (or the equivalent criteria at the time) issued to TCSPs, CSPs, and TSPs that underwent a supervisory visit on a yearly basis for each of the years from 2011 to date. Action point criteria: Red - Significant (including aggravated legislation or rule breach) Amber - Important (including other rule breach / matter requiring immediate attention) Blue - Guidance - Best practice

Data Tables (1)

Full Response Text

Isle of Man Financial Services Authority PO Box 58, Finch Hill House, Bucks Road, Douglas, Isle of Man, IM99 1DT Tel: +44 (0)1624 646000 Website: www.iomfsa.im

Our ref: 1391861 18 August 2020

Dear ###

This request is being handled under the Freedom of Information Act 2015.

We write further to your request which was received on 29 July 2020 and which states:

"Freedom of Information Request: FSA (or its predecessor organisation) Supervisory Visit Reports on Trust and Corporate Service Providers (TCSPs), Trust Service Providers (TCSPs) and Corporate Service Providers (CSPs) - from the beginning of 2011 to date inclusive. How many action points in each of the criteria below (or the equivalent criteria at the time) were issued to each TCSP, CSP and TSP that underwent a supervisory visit in each of the years from 2011 to date. That is, how many red, how many amber, and how many blue action points for each separate TCSP, CSP or TSP which received a supervisory visit in each calendar year. Also, what was the average number of action points in each of the criteria below (or the equivalent criteria at the time) issued to TCSPs, CSPs, and TSPs that underwent a supervisory visit on a yearly basis for each of the years from 2011 to date. Action point criteria: Red - Significant (including aggravated legislation or rule breach) Amber - Important (including other rule breach / matter requiring immediate attention) Blue - Guidance - Best practice"

While our aim is to provide information whenever possible, under section 11(3)(d) of the Act a public authority may refuse to give the information requested in the request for information is vexatious, malicious, frivolous, misconceived or lacking in substance. Examples of factors which a public authority may take into account in determining if your request is vexatious etc. are set out in the Code of Practice issued under s60 of the Act, which you can find here www.tynwald.org.im/business/opqp/sittings/Tynwald%2020142016/2015-GD- 0068.pdf. We consider that a number of these factors apply to your request: The requested information is not collated by the Authority, nor held in a format that enables it to be

extracted without significant effort. Additionally, the colour-coding mentioned in the request is no longer used (since mid 2019). The Code of Practice (http://www.tynwald.org.im/business/opqp/sittings/Tynwald%2020142016/2015-GD- 0068.pdf) says a request may be refused if: 'The effort required to meet the request will be disproportionate in terms of the strain on time and resources, that an Authority cannot reasonably be expected to comply, no matter how legitimate the subject matter or valid the intentions of the Applicant' For these reasons Isle of Man Financial Services Authority is not obliged to comply with your request. If you wish to submit a fresh request for different information please complete and submit the required form available on our website at www.gov.im/about-the- government/freedom-of-information/make-a-freedom-of-information-request/. However, please note the additional information below. Please quote the reference number 1391861 in any future communications.

Additional information The Authority formerly recorded colour-coded action points resulting from supervisory visits for each licenceholder, but these action points were not collated centrally for all TCSPs. The colour-coding ceased in 2019. Therefore, as the information sought is only held within separate licenceholders’ files, the time taken to collate it would be significant in terms of time and resources. Some information on the number of visits carried out (now called inspections) is available in the Authority’s annual report available at https://www.iomfsa.im/publications/. Additionally, the Authority issued a letter to the TCSP sector in March 2020 on its observations on the sector’s compliance with regulatory and financial crime requirements: https://www.iomfsa.im/fsa- news/2020/mar/dear-ceo-letter-to-tcsp-sector/. 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