MU Funded - Private Health Care

Summary

The requester asked for the names and job titles of 27 Manx Utilities Authority staff members receiving funded private health care. The authority refused to disclose this information, citing exemptions for personal data and data protection principles.

Key Facts

• The request sought names and job titles of 27 staff members funded for private health care.
• The Manx Utilities Authority refused to provide the specific names and titles.
• The authority provided a breakdown of the 27 staff by role category instead.
• The refusal was based on the information being absolutely exempt personal data.
• The outcome of the request was 'Not upheld' on 2022-02-07.

Data Disclosed

• 27
• 2143337
• 2116457
• 2021-12-13
• 2022-02-07
• 12 January 2022
• 3
• 7
• 4
• 6
• 4
• 3

Exemptions Cited

• Section 25(2)(a)&(b) of the Act (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

1. the names of the 27 staff members who the MUA admitted in its FOIA Response 2116457 it was funding private health care for; and 2. the job titles of the 27 members of staff referred to.

Data Tables (1)

Full Response Text

Manx Utilities PO Box 177, Douglas Isle of Man, IM99 1PS

e: enquiries@manxutilities.im t: 01624 687687 www.manxutilities.im

Our ref: 2143337 12 January 2022

Dear ###

We write further to your request which was received on 13 December 2021 and which states:

"1. the names of the 27 staff members who the MUA admitted in its FOIA Response 2116457 it was funding private health care for; and 2. the job titles of the 27 members of staff referred to."

Our response in broad terms to question 2 of your request is: Role Category Contract Number Executive PC 3 Senior Manager PC 7 Manager PC 4 Engineer PC 6 Supervisor/Officer PC 4 Technician/Analyst PC 3 While our aim is to provide information whenever possible, to provide the specific detail as per your two questions, in this instance we are unable to provide the information you have requested because it is absolutely exempt under section 25(2)(a)&(b) of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: • Manx Utilities is satisfied that the information amounts to personal data of which you are not the data subject; and • Manx Utilities 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 Manx Utilities 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. When deciding on whether it would be fair, lawful and meet one of the conditions in Article 6, the following factors have been considered:

• Given that disclosure in not solely to the individual requester, assessment must be with a wider general publication in mind. Therefore any potential harm that would likely to be caused by disclosing 1) the individual names to allow identification, and/or 2) the specific job titles (many of which are individual) that may allow subsequent re-identification, by the wider public or other Manx Utilities staff knowing that these would be the long serving staff members; • Such detail does not promote a wider public interest in listing these names and job titles /roles, and any future role advertisement would be on the appropriate standard terms and conditions; • Which individuals, that receive funded private health case, is a private matter and not related or impacts that of any individuals professional life or public function; and • Expectation of privacy for all parties. Given this was a private contractual discussion, on an individual and bespoke basis, they are aged agreements and occurred pre the formation of Manx Utilities Authority.

Please quote the reference number 2143337 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