Mrs Kathryn Magson, Interim CEO DHSC, relevant experience etc

Summary

A request was made for personal details, salary, and employment history regarding Mrs Kathryn Magson, Interim CEO of the Isle of Man Department of Health and Social Care. The authority refused to disclose the information, citing an absolute exemption for personal data under Section 25 of the Freedom of Information Act 2015.

Key Facts

• The request covered 10 specific points including days spent on the island, qualifications, salary, benefits, and previous roles.
• The Department of Health and Social Care determined the information constitutes personal data of a third party.
• Disclosure was refused because it would contravene data protection principles under the GDPR as applied in the Isle of Man.
• The authority provided a link to the original job advertisement and applicant pack as an alternative resource.
• The case outcome was recorded as 'Upheld - partial' following an appeal process.

Data Disclosed

• 2129813
• 2021-12-06
• 2022-03-16
• 2022-01-04
• 14 March 2020
• 21 June 2021
• Section 25
• Article 5
• Article 6
• 9398

Exemptions Cited

• Section 25 of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Article 5 of the General Data Protection Regulation (Data protection principles)
• Article 6 of the General Data Protection Regulation (Conditions for lawful processing)

Original Request

In respect of Mrs Kathryn Magson, Interim Chief Executive Officer Department of Health and Social Care, Isle of Man Government 1. Number of days she spent on the Isle of Man between 14 March 2020 and 21 June 2021 2. Higher Educational qualifications (i.e. what degrees does she have) 3. Professional qualifications 4. Salary 5. List of benefits, e.g. expenses travelling from her home in England to the Isle of Man and hotel costs etc 6. Who is her employer? i.e. is she on secondment from the NHS in England? 7. When does that secondment end? 8. Any previous positions running acute hospitals (prior to taking up the position as CEO of DHSC. Isle of Man) 9. Any previous positions running community healthcare services (prior to taking up the position as CEO of DHSC. Isle of Man) 10. Any previous positions held in healthcare provider organisation(s) i.e. organisations that deliver healthcare (not organisations that commission healthcare) (prior to taking up the position as CEO of DHSC. Isle of Man)

Data Tables (1)

Full Response Text

Chief Executive: Kathryn Magson Freedom of Information Team First Floor Belgravia House Douglas Isle of Man IM1 1AE

Our ref: 2129813 4 January 2022

Dear ###

We write further to your request which was received on 6 December 2021 and which states:

"In respect of Mrs Kathryn Magson, Interim Chief Executive Officer Department of Health and Social Care, Isle of Man Government 1. Number of days she spent on the Isle of Man between 14 March 2020 and 21 June 2021 2. Higher Educational qualifications (i.e. what degrees does she have) 3. Professional qualifications 4. Salary 5. List of benefits, e.g. expenses travelling from her home in England to the Isle of Man and hotel costs etc 6. Who is her employer? i.e. is she on secondment from the NHS in England? 7. When does that secondment end? 8. Any previous positions running acute hospitals (prior to taking up the position as CEO of DHSC. Isle of Man) 9. Any previous positions running community healthcare services (prior to taking up the position as CEO of DHSC. Isle of Man) 10. Any previous positions held in healthcare provider organisation(s) i.e. organisations that deliver healthcare (not organisations that commission healthcare) (prior to taking up the position as CEO of DHSC. Isle of Man)"

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 is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department of Health and Social Care 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 of Health and Social Care 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. To provide advice and assistance, I have included the link to the original job advertisement and applicant pack for the Interim Chief Executive Officer post below. https://www.jobtrain.co.uk/iomgovjobs/displayjob.aspx?jobid=9398

Please quote the reference number 2129813 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