Information Commissioner's Decision 2022/0001

Summary

The requester asked the Department for Enterprise how many times it had failed to consider FOI requests on their own merits following a specific Information Commissioner's decision. The authority responded that it does not hold this information, stating that all requests are processed individually and only one ICO review has occurred in the last three years.

Key Facts

• The Department for Enterprise stated it does not hold the requested information regarding the number of times it failed to consider requests on their own merits.
• The authority confirmed it wrote to the Information Commissioner on 07 February 2022 to deny applying a 'blasé approach' to FOI processing.
• The Department reported having only one request for ICO review within the last three years.
• The request was received on 24 January 2022 and the response was issued on 16 February 2022.
• The case reference number is 2207789.

Data Disclosed

• 24 January 2022
• 16 February 2022
• 07 February 2022
• 2207789
• one request
• last three years
• paragraph 34
• section 3
• section 11
• Part 2

Exemptions Cited

• Information not held

Original Request

In the Decision referred to the Information Commissioner states in paragraph 34 "This suggests that the public authority is failing to consider each FOI Request for information (whether similar or not) on its own merits and instead automatically and routinely seeks to withhold information. This not only conflicts with the purpose of FOIA (section 3) but, in doing so, the public authority contravenes its statutory obligation under section 11" In respect of how many other requests for information made to the DfE has the DfE failed to consider each request on its own merits and instead has automatically and routinely sought to withhold information?

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 682381) Website: www.gov.im/ded Email: anthony.walker@gov.im

Our ref: 2207789 16 February 2022

Dear ###

We write further to your request which was received on 24 January 2022 and which states:

"In the Decision referred to the Information Commissioner states in paragraph 34 "This suggests that the public authority is failing to consider each FOI Request for information (whether similar or not) on its own merits and instead automatically and routinely seeks to withhold information. This not only conflicts with the purpose of FOIA (section 3) but, in doing so, the public authority contravenes its statutory obligation under section 11" In respect of how many other requests for information made to the DfE has the DfE failed to consider each request on its own merits and instead has automatically and routinely sought to withhold information?"

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. The Department wrote to the ICO on 07 February 2022 to confirm that at no time was a blasé approach applied to the processing of Freedom of Information requests and that all requests are processed on their own merits. For noting, the Department has only had one request for ICO review within the last three years.

Please quote the reference number 2207789 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.