Coronavirus Strategic Support Scheme/Business Support Scheme

Summary

The requester asked for detailed lists of businesses and individuals receiving grants under the Coronavirus Strategic Support Scheme and Business Support Scheme, including names, addresses, and payment amounts. The Department for Enterprise partially disclosed the information by providing published data on business names and payment amounts but withheld applicant addresses and specific personal names under data protection exemptions.

Key Facts

• The request covered 1204 persons/businesses under the Tourist Accommodation scheme and 3454 under the Business Support Scheme.
• The Department confirmed that tourist accommodation names, company names, and payment amounts are already published on the government website.
• Applicant addresses were withheld as absolutely exempt personal information under section 25 of the Act.
• Some business names and applicant names were withheld because disclosure would contravene data protection principles under the Applied GDPR.
• The Department provided the total number of businesses whose details were withheld and the total funding amount covered.

Data Disclosed

• 1204
• 3454
• 2022-01-31
• 2022-05-03
• 2022-03-27
• section 25
• Article 5
• Article 6
• Article 21
• section 39

Exemptions Cited

• Section 25 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 (lawful processing conditions)
• Article 21 of the Applied GDPR (right to prevent disclosure)
• Section 39 (qualified exemption subject to public interest test)

Original Request

1. A list of the 1204 persons/businesses, who/which. according to the Department's records have been paid grants under the Coronavirus Strategic Support Scheme (Tourist Accommodation), showing in each case - a) the name of the applicant; and b) the address of the applicant; and c) the address/addresses of the tourist accommodation to which the grants relate ; and d) the amounts of the grants paid in each case. 2. A list of the 3454 persons/businesses, who/which. according to the Department's records have been paid grants under the Business Support Scheme, showing in each case - a) the name of the applicant ; and b) the address of the applicant; and c) the "eligible sector" to which the grants relate; and d) the amounts of the grants paid in each case.

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 685375) Website: www.gov.im/ded Email: dpo-dfe@gov.im

Our ref: 2222477 3rd May 2022

Dear ####

We write further to your request which was received on 31 January 2022, which states:

"1. A list of the 1204 persons/businesses, who/which. according to the Department's records have been paid grants under the Coronavirus Strategic Support Scheme (Tourist Accommodation), showing in each case -

a) the name of the applicant; and

b) the address of the applicant; and

c) the address/addresses of the tourist accommodation to which the grants relate ; and

d) the amounts of the grants paid in each case.

1. A list of the 3454 persons/businesses, who/which. according to the Department's records have been paid grants under the Business Support Scheme, showing in each case -

a) the name of the applicant ; and

b) the address of the applicant; and

c) the "eligible sector" to which the grants relate; and

d) the amounts of the grants paid in each case."

On 27 March 2022 you emailed the Department to say:

“To avoid any further delay I'd be content for you to provide to me all of the information which I've requested, with the exception of the addresses of the applicants.”

In relation to part 1 of your request we assume you are seeking information on the Strategic Capacity Scheme (Tourist Accommodation). In relation to part 2 of your request, we assume you are requesting information relating to support provided the Coronavirus Business Support Scheme 2020, other than the Strategic Capacity Scheme, which is covered by part 1 of your request.

Our response is as follows:

1. Coronavirus Strategic Capacity Scheme (Tourist Accommodation) The Department has published on the Isle of Man Government website the following information in relation to the Coronavirus Strategic Capacity Scheme (Tourist Accommodation): • Tourist accommodation name; • Company name; and • Payment amount. We enclose a copy of the information that has been released on the website with this letter.

Grants paid under Coronavirus Business Support Scheme 2020, other than the Strategic Capacity Scheme.

The Department has published on the Isle of Man Government website the following information in relation to other grants paid under the Coronavirus Business Support Scheme 2020: • Business name; • Eligible sector; and • Payment amount. We enclose a copy of the information that has been released on the website with this letter.

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 information I refer to is:

(a) Some names held by the Department on its database of Coronavirus Business Support Scheme 2020 payments under the heading “Business names” and the individual amounts paid to those businesses; and (b) Names held by the Department on its database of Coronavirus Business Support Scheme 2020 payments under the heading “Applicant names”.

The reasons why that exemption applies are that:

• 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.

However, in the information released, we have set out the number of businesses whose details have been withheld and the total amount of funding covered.

In addition, The Department has withheld the name of one business on the basis that the information is exempt as it constitutes personal data of a person other than you and under Article 21 of the Applied GDPR the data subject would be entitled to prevent disclosure of the information to a member of the public.

As section 39 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosing the information include:

• Transparency and public interest in use of public funds; • Other businesses have had information disclosed; Factors in favour of maintaining the exemption include:

• The legitimate concern that release of the information may cause damage or distress to the data subject. In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Department has taken into consideration:

• The severity of the impact of the prejudice: in the Department’s consideration the harm caused by release would be significant.

• How far disclosure would further the public interest identified above: the business the name of which has been withheld has received relatively small amounts of funding so there is limited public interest in disclosure in this case.

In taking all of these factors into account, the Department determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

The supporting data for your request has been published online at https://www.iomdfenterprise.im/coronavirus/.

Please quote the reference number 2222477 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

Data Protection Officer
Strategy & Policy Governance Team