NSC Flumes Sign Off

Summary

The request sought the sign-off date, responsible personnel, and documentation for the new NSC Flumes. The authority disclosed the sign-off date and a defects register but withheld personal details of the sign-off individual and specific commercial documents under exemptions.

Key Facts

• The new NSC Flumes were signed off for public use on 26th November 2021.
• The identity and job title of the person who signed off the flumes were withheld as personal data.
• A Defects Register dated 25/11/2021 was provided showing outstanding cleaning work on flume columns and stairs.
• Some requested documents were withheld to protect commercial interests and ongoing contractual relationships.
• The request was handled by the Department of Education, Sport and Culture (DESC).

Data Disclosed

• 26th November 2021
• 25/11/2021
• 06/08/2018
• 12/08/2019
• 05/11/2021
• 249
• 253
• 2188201
• 7 pages
• 2 documents

Exemptions Cited

• Section 25(b)(i)&(ii) - Absolutely exempt personal information
• Section 30(2)(b) - Prejudice to commercial interests

Original Request

Dear DESC, Please supply the following information: 1) Date that the new NSC Flumes were signed off for public use. 2) The employment position and job title of the person who signed off the new NSC Flumes were signed off for public use. 3) A copy of the applicable documents when the new NSC Flumes were signed off for public use.

Data Tables (4)

Full Response Text

Page 1 of 4

Department of Infrastructure Defects Register 25/11/2021

Contract Works - General Ref Location Description Notified by & date May Delay Completion Status

Contractor:

Name of Project: NSC Pool Hall Refurbishment Date Work Started: 06/08/2018 Phase 1 Completion Date: 12/08/2019

Page 2 of 4

Contract Works -

249 Flume column, stairs and platform Thorough clean of all surfaces to be carried out

05/11/2021 No Outstanding

253 Flume stairs and platform Thorough clean of all surfaces to be carried out

05/11/2021 No Outstanding

Page 3 of 4

Page 4 of 4

Contract Works -

Policy, Strategy and Governance Division Department of Education, Sport and Culture Thie Slieau Whallian St John’s, Isle of Man IM4 3AS Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im Our ref: 2188201 7th March 2022

Dear ###,

We write further to your request which was received on 11th January 2022 and which states:

"Dear DESC, Please supply the following information: 1) Date that the new NSC Flumes were signed off for public use. 2) The employment position and job title of the person who signed off the new NSC Flumes were signed off for public use. 3) A copy of the applicable documents when the new NSC Flumes were signed off for public use."

Our response to your request is as follows: 1) Date that the new NSC Flumes were signed off for public use. 26th November 2021. 2) The employment position and job title of the person who signed off the new NSC Flumes were signed off for public use. I have enclosed copies of the information. 3) A copy of the applicable documents when the new NSC Flumes were signed off for public use."

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:

• DESC is satisfied that the information amounts to personal data of which you are not the data subject; and • DESC 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 DESC 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. s30(2)(b) Disclosure of the information would, or would be likely to, prejudice the commercial interests of a person (including the public authority holding it). While our aim is to provide information whenever possible, in this instance some of the information requested is exempt under section 30 of the Act, as disclosure would be likely to prejudice the commercial interests of a person (including DESC). For Disclosure Against Disclosure Transparency – disclosure of the information would support transparency and promote openness and accountability to the general public. Disclosure of the information potentially may affect a person’s ability to participate competitively in a commercial activity (directly or indirectly). Timing - the disclosure timetable is in the distance or contingent or indeterminate. Damage to the working relationship and trust between contractors and the Department. Accountability – value for taxpayer’s money. Could result in information being disclosed which is subject to ongoing present discussions, therefore to release at this time, may mislead the public. Potential prejudice to business of National Sports Centre ‘NSC’. Reputational prejudice to Government Department/s. Prejudice to completion of outstanding work. Please quote the reference number 2188201 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. ###