Boarding and Homestay inspections

Summary

The request sought inspection reports and dates for boarding and homestay establishments over the past two years. While the Department of Environment, Food and Agriculture provided a list of inspection dates, the actual reports were withheld as they contain exempt personal data.

Key Facts

• The request was initially for 4 years of data but was reduced to 2 years following a telephone conversation.
• Inspection reports were refused under Section 25 of the Freedom of Information Act 2015 as absolutely exempt personal information.
• The Department determined that disclosure would contravene the first data protection principle under the Data Protection Act 2002.
• A list of specific inspection dates for licensed homestays and kennels/catteries was released for the 2016/2017 and 2017/2018 periods.
• The licensing and inspection year runs from 1st April to 31st March.

Data Disclosed

• 2017-12-01
• 2017-12-29
• 2016/2017
• 2017/2018
• 21/01/2016
• 17/11/2017
• 1973
• Section 25
• Section 25(2)(a)
• Section 1
• Schedule 2

Exemptions Cited

• Section 25 of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Section 25(2)(a) of the Freedom of Information Act 2015
• First data protection principle under the Data Protection Act 2002

Data Tables (2)

Full Response Text

Page 1 of 4

 Department of Environment, Food and Agriculture

  Rheynn Chymmyltaght, Bee as Eirinys

29th December 2017

Dear ,

Request under the Freedom of Information Act 2015 (FoI Act) Ref: IM112301I Boarding & Homestay Inspections Thank you for your request dated 1st December 2017. You asked: “As a public service I would request to see the dates and reports from all boarding and homestay checks carried out over the past 4 years. I am unable to find reports from the chief get [sic] and or when checks were carried out.”

Following our telephone conversation on the 5th December and to enable us to manage the workload this was then reduced to “the past 2 years”

Response (further to our letter to you of the 22nd December):

A search has been conducted and the Department confirms that information is held to answer your request.

Inspection reports

While our aim is to provide information whenever possible, in this instance we are unable to provide the reports as this information is absolutely exempt under section 25 of the FoI Act (Absolutely exempt personal information); specifically s25(2)(a) . It “constitutes personal data of which the applicant [yourself] is not the data subject” and disclosure of the information would contravene the first data protection principle.

• The Department is satisfied that the information in the reports amounts to personal data under the Data Protection Act 2002 (DPA).

o Personal Data is defined in section 1 of the DPA as data which relate to a living individual who can be identified —

Freedom of Information
Co-ordinator Corporate Services Directorate, Thie Slieau Whallian, Foxdale Road,
St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im
www.gov.im

Quoting Ref: IM112301I Your Ref:

Page 2 of 4

(a) from those data, or
(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.

o The information in the reports relates to practices carried on by the data subjects (the owners and operators of the kennels, catteries and homestay establishments) on their own premises. The premises can be linked to them by virtue of them being the owners. It is therefore their personal data for that reason.

o The information is gathered with the intention of determining the suitability of the keeping of an establishment (kennel, cattery or homestay business) to be licenced under the Animal Boarding Establishments (Isle of Man) Act 1973 (the Act).

• The Department is satisfied that disclosure of the information would contravene the first data protection principle; namely that the Department can only disclose the information where it would be fair, lawful and meet one of the conditions in schedule 2 and in this case, none of those conditions have been met.

o The owners and operators are legally obliged to provide the information contained in the reports to the Department under of the Act. They would have a reasonable expectation that the inspection reports would only be used to inform the Department’s decisions about whether or not to renew their licences. They would not expect that it would be disclosed to the public.

o Any perceived negative comments/findings in the reports could be construed in a manner not intended by the Department, who ultimately has the expertise to decide whether or not a licence should be issued or renewed. It would be detrimental to the data subjects’ businesses for that to happen. They would reasonably expect the information to be shared only with those who need to see it in order to make a decision about the renewal of their licences.

Inspection dates, in no particular order, were: Licenced Homestay Inspection Dates 2016 / 2017 21/01/2016 13/04/2016 20/04/2016 21/04/2016 03/05/2016 12/05/2016 13/05/2016 13/05/2016 19/05/2016 24/05/2016 25/05/2016 22/06/2016 23/06/2016 30/06/2016 31/10/2016

2017 / 2018 09/01/2017 10/01/2017 20/03/2017 22/03/2017 05/04/2017 25/04/2017 28/04/2017 08/05/2017 12/05/2017 18/05/2017 19/05/2017 24/05/2017 31/05/2017 12/06/2017 13/06/2017 13/06/2017 16/06/2017 18/07/2017 19/07/2017 20/07/2017 10/11/2017 17/11/2017

Page 3 of 4

Licenced Kennels and Catteries (boarding) 2016 / 2017 22/03/2016 11/04/2016 11/04/2016 11/04/2016 14/04/2016 15/04/2016 22/04/2016 22/04/2016 25/04/2016 03/05/2016 05/05/2016 11/05/2016 13/05/2016 13/05/2016 17/05/2016 24/05/2016 24/05/2016 27/05/2016 27/05/2016 16/06/2016

2017 / 2018 26/05/2017 06/04/2017 11/04/2017 26/04/2017 03/05/2017 03/05/2017 11/05/2017 12/05/2017 12/05/2017 12/05/2017 12/05/2017 16/05/2017 16/05/2017 19/05/2017 24/05/2017 26/05/2017 21/06/2017 22/06/2017 04/07/2017 04/07/2017 19/07/2017

Note - The licensing / inspection year runs from 1st April to 31st March. Website For your further information each year a list of approved premises is published here: https://www.gov.im/categories/travel-traffic-and-motoring/travelling-with-pets/kennels-and- catteries/. This lists all premises except those who choose not to take advantage of the publicity opportunity this provides. 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 to the sender of this letter at the address above. An electronic version of the relevant complaint form can be found by going to our website at www.gov.im/foireview. If you would like a paper version of the complaint form to be sent to you by post, please contact us and we 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; 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. Page 4 of 4

More detailed information on your rights to review is on the Information Commissioner’s website at: https://www.inforights.im/
If anything is unclear, or if you have any queries concerning this letter, please do not hesitate to contact me. Further information about Freedom of Information requests can be found: https://www.gov.im/about-the-government/freedom-of-information

Yours sincerely