Publication of Information Requests

Summary

The requester asked for details on who published an unsigned FOI document, who set the publication criteria, and the legal basis for these actions. The Cabinet Office responded that it does not hold recorded information on these specific decisions, noting that FOI publication is voluntary and not mandated by the Act.

Key Facts

• The Cabinet Office does not hold recorded information regarding the specific individuals who published the document or set the criteria.
• Publication of FOI responses is a voluntary act by public authorities and is not subject to the Freedom of Information Act 2015.
• Each individual public authority decides whether to publish responses to requests.
• The unsigned document was recalled by colleagues as being published by the Cabinet Office during the implementation of the Freedom of Information Act 2015.
• The request was closed on 17 August 2022.

Data Disclosed

• 2582745
• 2022-08-15
• 2022-08-17
• 2022-09-30
• Section 5(1)
• Freedom of Information Act 2015
• IM1 3PN
• 01624 686244

Exemptions Cited

• Section 5(1) of the Freedom of Information Act 2015 (information not held)

Original Request

1. Who published the unsigned document available here? - https://www.gov.im/media/1350902/publication-of-freedom-of-information-request-responses.pdf 2. Who determined the criteria for the publication of FOI Responses set out in the document referred to and who authorised such criteria as the basis for publication? 3. Who is authorised to decide whether or not to publish Responses to Requests and who authorised them to do so? 3. What is the legal basis for the criteria referred to?

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: 2582745 17 August 2022

Dear ###

We write further to your request received on 15 August 2022 and which states:

"1. Who published the unsigned document available here? - https://www.gov.im/media/1350902/publication-of-freedom-of- information-request-responses.pdf 2. Who determined the criteria for the publication of FOI Responses set out in the document referred to and who authorised such criteria as the basis for publication? 3. Who is authorised to decide whether or not to publish Responses to Requests and who authorised them to do so? 3. What is the legal basis for the criteria referred to?"

While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold recorded information as per Section 5(1) of the Freedom of Information Act 2015 (the Act) that falls within the scope of your request. In order to provide advice and assistance to you, we can advise the following: Colleagues recall that the document referred to in your request was published by the Cabinet Office as part of project implementing the Freedom of Information Act 2015 to Departments, Board and Offices. Publication of responses to Freedom of Information act is a voluntary act by the public authority and is not subject to provisions of the Act. It is a matter for each individual public authority to decide whether responses are published. You may find the following answer to a parliamentary question useful: https://www.tynwald.org.im//business/OPHansardIndex1821/4281.pdf#search=%22fr eedom%20of%20information%22

Please quote the reference number 2582745 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