Information Commissioner actions against Manx Care

Summary

The requester asked for monthly counts of decision notices, enforcement notices, and financial penalties issued to Manx Care by the Information Commissioner in 2021 and 2022. Manx Care refused to provide the data for notices as it is publicly available online, and stated they hold no information on financial penalties because none have been issued.

Key Facts

• Manx Care received zero financial penalties from the Information Commissioner.
• Decision notices are published on the Information Commissioner's website.
• Enforcement notices are published on the Information Commissioner's website.
• The request was received on 4 July 2022 and responded to on 15 July 2022.
• Information on notices was withheld under Section 20 of the Act as it is reasonably accessible.

Data Disclosed

• 2021
• 2022
• 4 July 2022
• 15 July 2022
• zero
• 2521814

Exemptions Cited

• Section 20 of the Act (Information reasonably accessible)
• Section 11(3)a of the Act (Practical refusal: information not held)

Original Request

For each month in 2021 and 2022, How many (a) decision notices (b) enforcement notices (c) financial penalties were given to Manx Care by the Isle of Man Information Commissioner's Office? In the case of a financial penalty, what was the monetary value of each penalty?

Data Tables (1)

Full Response Text

Manx Care Noble’s Hospital, Strang Braddan, Isle of Man IM4 4R (01624) 650 000

Our ref: 2521814 15 July 2022

Dear ###

We write further to your request which was received on 4th July 2022 which states:

"For each month in 2021 and 2022, how many (a) decision notices (b) enforcement notices (c) financial penalties were given to Manx Care by the Isle of Man Information Commissioner's Office? In the case of a financial penalty, what was the monetary value of each penalty?"

Our Response (a) decision notices While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. Any decision notices given to Manx Care by the Isle of Man Information Commissioner's Office will be published on their website, www.inforights.im/freedom-of-information-notices (b) enforcement notices While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. Any enforcement notices given to Manx Care by the Isle of Man Information Commissioner's Office will be published on their website, www.inforights.im/data-protection-law-2018-notices (c) financial penalties While our aim is to provide information whenever possible, in this instance Manx Care is unable to provide the information that you have requested. This is in line with Section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. Manx Care have received zero penalties. Please quote the reference number 2521814 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.