Unpublished Responses to FOIA Requests

Summary

The requester asked for unpublished Freedom of Information Act 2015 responses from the Gambling Supervision Commission since the Act's introduction. The Commission disclosed redacted copies of three previously unpublished responses that were withheld due to their focus on a specific employee and the use of abusive language.

Key Facts

• Three specific responses (refs 1487969, 1492833, 1496233) were identified as missing from the public Disclosure Log.
• The original requests were targeted personally at an employee rather than their official capacity.
• The original requests contained language deemed abusive, aggressive, or intemperate.
• Redactions were applied to the employee's name and local business names to prevent identification and avoid causing distress.
• The Gambling Supervision Commission closed the request on 7 October 2022.

Data Disclosed

• 2620413
• 2022-09-09
• 2022-10-07
• 1487969
• 1492833
• 1496233
• Section 25(2)(a)
• 2015

Exemptions Cited

• Freedom of Information Act 2015 Section 25(2)(a) - Absolutely exempt personal information
• Requests relating to private interest rather than wider public interest
• Requests containing abusive, aggressive, or intemperate language

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 (1)

Full Response Text

Ground Floor, St. Georges Court, Myrtle Street, Douglas, Isle of Man, IM1 1ED

Telephone: (01624) 694331 E-mail: gaming@gov.im www.gov.im/gambling

Our ref: 2620413 7 October 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: There are three responses which were not previously included in the Disclosure Log (references 1487969, 1492833 and 1496233). These responses were not included due to the following two reasons, taken from the list detailed https://www.gov.im/about- the-government/freedom-of-information/freedom-of-information-responses/ “We will not publish responses in the following circumstances: 1. When we consider that the freedom of information request relates to a private interest rather than the wider public interest… 7. Where the request contains language that is abusive, aggressive or intemperate or is targeted towards a particular employee or it contains personal grudges or unfounded accusations.” However, I wish to provide you with some further context. The original requests, referenced above, were focused personally towards an employee of the GSC and not in the capacity of their employment. Therefore it was decided not to publish the responses. In this response to you, I have provided a redacted copy of the original responses. The information I have redacted, if it remained I believe would identify her. My decision to redact is concluded from:

The Freedom of Information Act 2015 Section 25(2)(a) prescribes that absolutely exempt personal information is personal information of which the applicant is not the data subject. Therefore I have redacted the name of the employee. I have also redacted the names of some local businesses, as disclosing this information into the public domain would identify the employee and would likely cause damage and or distress to that person.

Please quote the reference number 2620413 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.