Mrs K Malone Dir of Governance &Legislation &Dep CEO: Qualifications
| Authority | Department of Health and Social Care |
|---|---|
| Date received | 2021-12-06 |
| Outcome | Upheld - partial |
| Outcome date | 2022-03-16 |
| Case ID | 2129713 |
Summary
A request for the qualifications, salary, and appointment details of Mrs Karen Malone, Deputy CEO of the Department of Health and Social Care, was partially upheld. Personal data was withheld under absolute exemption, while recruitment process details were refused on the grounds that the Department does not hold them.
Key Facts
- The request concerned Mrs Karen Malone, Director of Governance and Legislation and Deputy CEO.
- Information regarding qualifications, salary, appointment date, and previous positions was withheld as personal data.
- Recruitment details such as the advertisement date, panel members, and applicant numbers were not held by the Department.
- The Department advised the requester to contact the Cabinet Office regarding the recruitment information.
- The case outcome was recorded as 'Upheld - partial' on 16 March 2022.
Data Disclosed
- 2129713
- 2021-12-06
- 2022-03-16
- 5 January 2022
- IM1 1AE
Exemptions Cited
- Section 25 of the Act (absolutely exempt personal information)
- Article 5 of the General Data Protection Regulation
- Article 6 of the General Data Protection Regulation
- Section 11(3)a of the Act (practical refusal reason)
Original Request
In respect of Mrs Karen Malone, Director of Governance and Legislation and Deputy Chief Executive Officer Department of Health and Social Care, Isle of Man Government Please provide information as to her: 1. Higher Educational qualifications (i.e. what degrees does she have) 2. Professional qualifications e.g. solicitor, advocate or chartered accountant etc. 3. Salary 4. Date of advertisement of her post 5. Date of appointment 6. Who was on the appointment panel 7. How many other applicants applied for this post 8. How many applicants were shortlisted 9. What were the essential criteria for appointment to this post 10. Job description, and date that job description was drafted 11. Previous positions held in healthcare organisation(s)
Data Tables (1)
Data Tables (reformatted)
| Question Number | Question Description | Response Status | Reason for Refusal / Exemption |
|---|---|---|---|
| 1 | Higher Educational qualifications (i.e. what degrees does she have) | Refused | Absolutely exempt under section 25 of the Act (absolutely exempt personal information). Disclosure would contravene data protection principles (Article 5 GDPR). |
| 2 | Professional qualifications e.g. solicitor, advocate or chartered accountant etc. | Refused | Absolutely exempt under section 25 of the Act (absolutely exempt personal information). Disclosure would contravene data protection principles (Article 5 GDPR). |
| 3 | Salary | Refused | Absolutely exempt under section 25 of the Act (absolutely exempt personal information). Disclosure would contravene data protection principles (Article 5 GDPR). |
| 4 | Date of advertisement of her post | Refused | Practical refusal under Section 11(3)a of the Act. Information not held by the Department; may be held by the Office of the Chief Secretary. |
| 5 | Date of appointment | Refused | Absolutely exempt under section 25 of the Act (absolutely exempt personal information). Disclosure would contravene data protection principles (Article 5 GDPR). |
| 6 | Who was on the appointment panel | Refused | Practical refusal under Section 11(3)a of the Act. Information not held by the Department; may be held by the Office of the Chief Secretary. |
| 7 | How many other applicants applied for this post | Refused | Practical refusal under Section 11(3)a of the Act. Information not held by the Department; may be held by the Office of the Chief Secretary. |
| 8 | How many applicants were shortlisted | Refused | Practical refusal under Section 11(3)a of the Act. Information not held by the Department; may be held by the Office of the Chief Secretary. |
| 9 | What were the essential criteria for appointment to this post | Refused | Practical refusal under Section 11(3)a of the Act. Information not held by the Department; may be held by the Office of the Chief Secretary. |
| 10 | Job description, and date that job description was drafted | Refused | Practical refusal under Section 11(3)a of the Act. Information not held by the Department; may be held by the Office of the Chief Secretary. |
| 11 | Previous positions held in healthcare organisation(s) | Refused | Absolutely exempt under section 25 of the Act (absolutely exempt personal information). Disclosure would contravene data protection principles (Article 5 GDPR). |
Full Response Text
Chief Executive: Kathryn Magson Freedom of Information Team First Floor Belgravia House Douglas Isle of Man IM1 1AE
Our ref: 2129713 5 January 2022
Dear ###
We write further to your request which was received on 6 December 2021 and which states:
"In respect of Mrs Karen Malone, Director of Governance and Legislation and Deputy Chief Executive Officer Department of Health and Social Care, Isle of Man Government Please provide information as to her: 1. Higher Educational qualifications (i.e. what degrees does she have) 2. Professional qualifications e.g. solicitor, advocate or chartered accountant etc. 3. Salary 4. Date of advertisement of her post 5. Date of appointment 6. Who was on the appointment panel 7. How many other applicants applied for this post 8. How many applicants were shortlisted 9. What were the essential criteria for appointment to this post 10. Job description, and date that job description was drafted 11. Previous positions held in healthcare organisation(s)"
Please find our response to your questions below. 1. Higher Educational qualifications (i.e. what degrees does she have)
- Professional qualifications e.g. solicitor, advocate or chartered accountant etc.
- Salary
- Date of appointment
- Previous positions held in healthcare organisation(s) While our aim is to provide information whenever possible, in this instance we are unable to provide 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 Department of Health and Social Care (“the Department”) is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department 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 Department 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.
- Date of advertisement of her post
- Who was on the appointment panel
- How many other applicants applied for this post
- How many applicants were shortlisted
- What were the essential criteria for appointment to this post
- Job description, and date that job description was drafted While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care ('the Department') is unable to provide some of the information that you have requested. This is in line with Section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold or cannot, after taking reasonable steps to do so, find the information that you have requested as it may be held by the Office of the Chief Secretary who made the appointment. You may wish to re-submit your request to the Cabinet Office, of which the Office of the Chief Secretary forms part of, which is an option available on the Freedom of Information request portal, who may be able to help you. To provide advice and assistance, I can confirm that if the requested information was held by the Department, it would be absolutely exempt under section 25 of the Act (absolutely exempt personal information) for the reasons set out above.
Please quote the reference number 2129713 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.
Corporate Services Manager/Data Protection Officer