Unpublished Responses to FOIA Requests

Summary

The requester asked for copies of Freedom of Information Act responses by the Communications Commission that were missing from the official Disclosure Log. The authority confirmed that all responses are published, identified one missing case due to a system error, and stated that the missing response has now been uploaded.

Key Facts

• The Communications and Utilities Regulatory Authority has received 21 FOI requests since the Act's introduction.
• Only one previous case (ID 1224182 regarding ConnectMann) was missing from the Disclosure Log due to a system error.
• The missing response for case 1224182 has been published to the log following this request.
• The authority plans to implement additional checks to prevent future publishing errors.
• All other 20 previous cases were already published in the Disclosure Log.

Data Disclosed

• 21
• 20
• 1
• 2022-09-09
• 2022-09-16
• 2015
• 1224182
• 2620412

Original Request

Please provide copies of Responses made by you in relation to Requests for Information made under the Freedom of Information Act 2015 ("FOIA") , which you haven't included in the Disclosure Log here - https://services.gov.im/freedom-of-information/search from when the FOIA was introduced under the Appointed Day Order here - https://www.tynwald.org.im/links/tls/SD/2015-SD-0264.pdf to date.

Data Tables (2)

Full Response Text

Chief Executive: Ivan Kiely Ground Floor, Murray House, Mount Havelock, Douglas Isle Of Man, IM1 2SF Tel: +44(0)1624 677022 Fax: +44(0)1624 626499

Our ref: 2620412 16 September 2022

Dear ###

We write further to your request which was received on 9 September 2022 and which states:

"Please provide copies of Responses made by you in relation to Requests for Information made under the Freedom of Information Act 2015 ("FOIA") , which you haven't included in the Disclosure Log here - https://services.gov.im/freedom-of-information/search from when the FOIA was introduced under the Appointed Day Order here - https://www.tynwald.org.im/links/tls/SD/2015-SD-0264.pdf to date."

Our response to your request is as follows: The Communications and Utilities Regulatory Authority (the Authority) publishes all responses to Freedom of Information (FOI) Requests to the IOM Government’s FOI Disclosure Log. Since the introduction of the FOI Act the Authority has received 21 FOI Requests, including this one. For ease of reference, a complete list of the FOI Requests received by the Authority can be found below. Case id Case label Status Publish in disclosure log Date received 862766 CCTV Information not held Yes 24/06/2019 1098061 Anti-monpolistic legislation All information sent Yes 12/12/2019 1104361 Re FOI 1050263 refer to Communications Commission re 5G spectrum Information not held Yes 17/12/2019 1104461 Sure's 5G trial in Douglas re: frequencies, spectrum and equipment Some information sent but not all held Yes 17/12/2019 1128625 Statement of Programme Policy and Speech Content Not upheld Yes 10/01/2020

Assessment 1224182 IOM Government Tender - ConnectMann - Internet Connectivity - No information sent - all held but exempt Yes 10/03/2020 1309609 Restricted service broadcasting licences All information sent Yes 29/05/2020 1351741 Digital map of telecoms assets and networks ownership Information not held Yes 01/07/2020 1358241 Public liability insurance re RF-EMF radiation. Information not held Yes 08/07/2020 1358441 Responsibility for telecommunications insurance liability All information sent Yes 08/07/2020 1369037 Will the Government be banning Huawei kit in line with the UK? Information not held Yes 15/07/2020 1370738 Which entity will be making a decision about 5G and when? Information not held Yes 16/07/2020 1371438 Proof of safety of 5G equipment Information not held Yes 16/07/2020 1371737 In relation to the Sure 5G trial Some information sent but not all held Yes 16/07/2020 1371837 In relation to the Sure 5G trial Information not held Yes 16/07/2020 2048534 How many 5G masts Information not held Yes 21/10/2021 2077745 decommissioned nuclear bunker undersea cables Information not held Yes 09/11/2021 2085011 IOM GOV funding Manx Media Information not held Yes 11/11/2021 2234041 Location of 5G Boosters and Towers Information not held Yes 02/02/2022 2357926 Manx Gas - retail margin percentage All information sent Yes 29/03/2022 2620412 Unpublished Responses to FOIA Requests New case

09/09/2022 Of the previous 20 FOI cases, only one case was not published – case ID/reference 1224182 for IOM Government Tender – ConnectMann. The Authority did intend for this case to be published, however, due to a system error that only became apparent on searching our records on receipt of your Request, the case was not published to the Disclosure Log at that time. The Authority has therefore requested that this error be corrected and the case, including the Authority’s response, has now been published to the Disclosure Log. A copy of the Authority’s response to FOI Case 1224182 can be found here: https://iom.icasework.com/servlet/servlets.getImg?ref=D606309&bin=Y&auth=0&db= ZVD1ZPdIGvo%3D&access_token=MspvCtx1sCSIGOx2jIP5XKC2pnz4m2PZKWoUI0MxO U8_2-sJuenxy_7i8uQFnuZY.-N2qrjR7N6TO-dTMAB9VAQ%3D%3D

Going forward, to mitigate such errors from occurring in future, the Authority will put additional checks in place to ensure it continues to publish its responses to FOI requests to the Disclosure Log. Please quote the reference number 2620412 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.