SPco corporate direction notices

Summary

The requester asked for versions 1 and 2 of corporate direction notices for SPco crew members regarding COVID-19 protocols from April 2020 to February 2021. The Cabinet Office provided some documents but withheld specific information containing personal data under an absolute exemption.

Key Facts

• The request was received on 23 March 2021 and responded to on 29 April 2021.
• Some information was withheld because it constitutes personal data of individuals other than the requester.
• In February 2021, Company Exemption Certificates were revoked and replaced with individually named certificates.
• Manx-based crew were issued direction notices requiring weekly surveillance testing but no self-isolation between shifts if negative.
• UK-based crew were issued entry certificates requiring mandatory self-isolation before and after their 7-day shift cycle.

Data Disclosed

• 23 March 2021
• 29 April 2021
• 1721195
• March 2020
• September – November
• November 2020
• December 2020
• January 2021
• February 2021
• 7 day shift cycle
• Article 5
• Article 6
• section 25

Exemptions Cited

• Section 25(b)(i) & (ii) of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Data Protection (Application of GDPR) Order 2018

Original Request

Could you; Disclose both version 1 & 2 of the corporate direction notices for SPco crew members, issued as part of Public Health protocols for Covid-19 prevention. The initial request was prompted by the 'V3' affixed in the footer of corporate directive document provided on a separate request To specify, could you provide the SPco corporate directive notice(s) in use for the months of January and February 2021, as well as those issued between April and December 2020. Hope that makes clear the scope of the request.

Data Tables (1)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 1721195 29 April 2021

Dear ###

We write further to your request which was received on 23 March 2021 and which states:

"Could you; Disclose both version 1 & 2 of the corporate direction notices for SPco crew members, issued as part of Public Health protocols for Covid-19 prevention. The initial request was prompted by the 'V3' affixed in the footer of corporate directive document provided on a separate request To specify, could you provide the SPco corporate directive notice(s) in use for the months of January and February 2021, as well as those issued between April and December 2020. Hope that makes clear the scope of the request."

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 Cabinet Office is satisfied that the information amounts to personal data of which you are not the data subject; and • The Cabinet Office 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 Cabinet Office can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and in this case, none of those conditions have been met.

In the spirit of providing advice and assistance, as set out in the Freedom of Information Act, to support requests for information the below provides some context to the attached documents. • In March 2020, the first Company Exemption Certificate was issued for all Isle of Man Steam Packet Company crew members. This reflected the Regulations and Borders Level in place at the time. Self-Isolation conditions were contained in a separate document. • Company Exemption Certificates were re-issued between September – November. The content of those certificates did not change but the Crew Lists, attached to the Certificates were updated. • In November 2020, the Company Exemption Certificate was updated to reflect Regulations in place at that time and the change in the Borders Level. • In December 2020, the Public Health Protection (Coronavirus) Regulations 2020 came into effect, replacing the Emergency Powers Regulations. • In January 2021 a new Company Exemption Certificate was issued under the new regulations. This reflected the Regulations in place at that time and inserted a new condition for an hours exercise for all crew members. • In February 2021, the Company Exemption Certificate was revoked and new individually Named certificates for the Steam Packet crew were issued. - Manx Based Crew were issued with a named Direction Notice detailing a weekly surveillance testing regime to be undertaken before, and after, their 7 day shift cycle. As long as a negative test is received, Manx Based Crew are no longer required to self-isolate between shifts. - UK Based Crew were issued with a named Entry Certificates, where the same testing requirement was applied to their entry conditions, however self-isolation is a mandatory condition before, and after, their 7 day shift cycle. Please quote the reference number 1721195 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