planning complaint

Summary

The requester asked for the name of the individual who submitted a planning complaint regarding Field 124093 near Regaby Veg Farm. The Department of Environment, Food and Agriculture refused to disclose the name, citing an absolute exemption for personal data under the Freedom of Information Act 2015.

Key Facts

• The request was received on 29 September 2020 and closed on 30 September 2020.
• The information requested was the name of a complainant regarding an alleged breach of planning control.
• The authority refused the request under section 25(2) of the Act as absolutely exempt personal information.
• The refusal was based on the incompatibility of releasing the data with the second data protection principle.
• The requester was informed of their right to an internal review and subsequent appeal to the Information Commissioner.

Data Disclosed

• 1493133
• 2020-09-29
• 2020-09-30
• Field 124093
• section 25(2)
• 2015

Exemptions Cited

• Section 25(2) of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Second data protection principle

Original Request

I require the name of the person who submitted a complaint with regard to an alleged breach of planning control re Field 124093 adjaent to Regaby Veg Farm, Regaby West Road, Andreas

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 1493133 30th September 2020

Dear ###,

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

"I require the name of the person who submitted a complaint with regard to an alleged breach of planning control re Field 124093 adjaent [sic] to Regaby Veg Farm, Regaby West Road, Andreas" While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested as it is absolutely exempt under section 25(2) of the Act (Absolutely exempt personal information). The information constitutes personal data of which you are not the data subject and the release of the information here would be incompatible with the second data protection principle; i.e. it shall not be further processed in a manner incompatible with the reason for which it is obtained. Please quote the reference number 1493133 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

1. 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