Meetings

Summary

A request was made for the Chief Minister's diary from 14 to 31 January 2022, resulting in partial disclosure where some information was withheld due to exemptions regarding personal data, ongoing investigations, and health and safety risks.

Key Facts

• The request targeted the diary of Alf Cannan, the Chief Minister of the Isle of Man.
• The Cabinet Office responded on 10 May 2022, providing some information but redacting parts.
• Personal data was withheld under an absolute exemption to comply with data protection principles.
• Information related to confidential sources and ongoing legal proceedings was exempted after a public interest test.
• Certain details were withheld to prevent endangering the safety of individuals.

Data Disclosed

• 2371716
• 14 January 2022
• 31 January 2022
• 6 April 2022
• 10 May 2022
• 4
• 1
• S25(2)(b)
• Article 5
• Article 6
• 31(2)(b)
• S36
• IM1 3PN
• 01624 686244

Exemptions Cited

• S25(2)(b) Absolutely exempt personal information
• 31(2)(b) Investigations and Legal Proceedings
• S36 Health and Safety

Original Request

The Chief Minister's Diary for the period from 14 January 2022 to 31 January 2022 (inclusive). By "The Chief Minister" I mean Alf Cannan. By "Diary" I mean diary or schedule, being a record of meetings, events and activities that the Chief Minister attended in his capacity as Chief Minister.

Data Tables (1)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 2371716 10 May 2022

Dear ###

We write further to your request which was received on 6 April 2022 and which states:

"The Chief Minister's Diary for the period from 14 January 2022 to 31 January 2022 (inclusive). By "The Chief Minister" I mean Alf Cannan. By "Diary" I mean diary or schedule, being a record of meetings, events and activities that the Chief Minister attended in his capacity as Chief Minister."

Please find attached the information requested.

S25(2)(b) Absolutely exempt personal information 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(2)(b) of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: • The Cabinet Office is satisfied that the information amounts to personal data of which you are not the data subject; and • The Cabinet Office 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 Cabinet Office 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. 31(2)(b) Investigations and Legal Proceedings In this instance, some of the information is exempt from disclosure under section 31(2)(b) of the Act as it relates to the obtaining of information from confidential sources. As section 31 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 disclosure • The public has an interest to be confident in the work of public bodies that uphold the law, and disclosure would show these investigative processes are working as intended. • Disclosure would allow scrutiny of the performance of the public body in relation to the investigation and legal process.

Factors in favour of withholding • Disclosing the information could have a risk of putting the wider public at harm by potentially assisting criminals. • Release of the information could compromise the enforcement of law regarding the case, potentially leading to the stage of law enforcement being undermined by lack of public confidence in the system. • Ongoing cases require freedom from information being disclosed prematurely as this could present future problems in regards to legal proceedings. • Disclosure could cause the outcome of the criminal investigation to be at risk as disclosure of the information could come at a sensitive time in the legal proceedings and risk a fair trial. In taking these factors into account the Cabinet Office determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

S36 Health and Safety Some information is exempt under section 36 of the Act, as disclosure would be likely to endanger the safety of an individual. As section 36 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 disclosure • Shows transparency to the public regarding the meeting of their governing officials. • Public will have confidence their officials are working closely together in regular meetings.

Factors in favour of withholding • It is never in the public interest to endanger the health and safety of any individual. In order for disclosure to take place, there would have to be very serious reasons in favour of disclosure in order to outweigh the risk to health and safety and maintaining the exemption.

• The public would have confidence that their officials’ protection and security is taken seriously. • The risk to individual safety – the potential harm that could come from disclosure - is too great to warrant disclosing • Even if the risk of an incident is small, the potential consequences of one occurring could be very severe and impact the whole Island. In taking these factors into account the Cabinet Office determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 2371716 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