Parole Committee

Summary

A request was made for the current membership list of the Isle of Man Parole Committee, but the Department of Home Affairs refused to disclose the information citing absolute exemptions for personal data.

Key Facts

• The request was received on 2022-07-07 and responded to on 2022-08-02.
• The Department of Home Affairs determined the information is absolutely exempt under section 25 of the Act.
• Disclosure was refused because it would contravene data protection principles under the GDPR.
• The Department sought consent from Parole Committee members to publish the list.
• All Parole Committee members unanimously refused consent for the publication of their names.

Data Disclosed

• 2526441
• 2022-07-07
• 2022-08-02
• 2 August 2022
• section 25
• Article 5
• Article 6
• 2018
• 2015

Exemptions Cited

• Section 25(b)(i) & (ii) of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Data Protection (Application of GDPR) Order 2018 (Article 5 and Article 6)

Original Request

Dear Secretary, I am requesting a list of current membership of the IOM Parole Committee. Yours Sincerely,

Data Tables (1)

Full Response Text

Chief Executive's Office DHA Headquarters Tromode, Douglas, Isle of Man, IM2 5AP

Telephone: (01624) 694341 Web address: www.gov.im/dha Email: DPO-DHA@gov.im

Our ref: 2526441 2 August 2022

Dear ###,

We write further to your request which was received on 7 July 2022 and which states:

"Dear Secretary, I am requesting a list of current membership of the IOM Parole Committee. Yours Sincerely," s25(b)(i)&(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide 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: • The Department of Home Affairs is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department of Home Affairs 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 of Home Affairs 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. The Department has sought the consent of the Parole Committee Members to publish the information requested and has received a unanimous refusal.

Please quote the reference number 2526441 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.