Director salary cost & funding, FIU purpose

Summary

The request sought details on the FIU's role compared to other units and the Director's salary, but the exact salary figure was withheld under personal data exemptions while funding sources and pay bands were disclosed.

Key Facts

• The Financial Intelligence Unit was established on 22 April 2016 under the Financial Intelligence Unit Act 2016.
• The Director's salary is based on the Jesp 9-13 pay band for new starters with an agreed market rating.
• The exact salary figure was withheld as personal data under section 25(2) of the Freedom of Information Act 2015.
• Funding for the FIU is provided by the Treasury as detailed in the Isle of Man Budget 2017/18.
• The authority could not provide specific comparisons between the FIU and the Financial Crime Unit or the Financial Services Authority.

Data Disclosed

• 22 April 2016
• Jesp 9-13
• 25 August 2017
• 11 September 2017
• 2017/18
• section 25(2)
• Data Protection Act 2002
• Freedom of Information Act 2015

Exemptions Cited

• Section 25(2) of the Freedom of Information Act 2015 (absolute exemption for personal data)
• Data Protection Act 2002 (fairness and privacy considerations)

Data Tables (1)

Full Response Text

Isle of Man Financial Intelligence Unit Ellan Vannin Unnid Tushtagh Argidoil

PO Box 51 Douglas ISLE OF MAN IM99 2TD Tel: +44 (0)1624 686000 Email: fiu@gov.im Website: www.fiu.im

Your Ref:

Our Ref: IM100422I

Date: 11 September 2017 Dear

Freedom of Information Request

I am writing further to your request dated 25 August 2017 which states:-

• What does the Financial Intelligence Unit do that is different to what the Financial Crime Unit did?

• How is the role of the Financial Intelligence Unit different to that of the Financial Services Authority?

• What is the salary of the Director of the Financial Intelligence Unit and is this paid by the tax payer?

Whilst our aim is to provide information whenever possible, in this instance the Financial Intelligence Unit does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested in relation to your first point above. However, I believe that the following website links may assist you: https://www.gov.im/about-the-government/statutory-boards/financial-intelligence-unit/what-we-do/

https://www.gov.im/news/2016/apr/22/establishment-of-financial-intelligence-unit/

https://rm.coe.int/anti-money-laundering-and-counter-terrorist-financing-measures-isle- of/168071610e

https://www.iompolice.im/footer/corporate/financial-crime-unit/

The Financial Intelligence Unit was set up on 22 April 2016 by the Financial Intelligence Unit Act 2016. You may find additional information on the legislation in the Hansard documentation on the Tynwald website.

In relation to your second point, the Financial Intelligence Unit does not hold information detailing the differences between the Financial Intelligence Unit and the Financial Services Authority. However, I can advise that the Financial Services Authority is a regulatory body and its website may provide you with further information that will assist you: -

https://www.iomfsa.im/about/about-us/

Finally, the Director’s salary is based on the Isle of Man Government Pay Scales for New Starters, Jesp 9-13 salary band, details of which can be found here - www.gov.im/media/1348558/ntnsp-clg- pay-scales.pdf. Additionally, the Director’s role is subject to an agreed market rating.

Whilst our aim is to provide information whenever possible, in this instance we are unable to provide the exact detail of the information that you have requested because an exemption under section 25(2) of the Freedom of Information Act 2015, absolutely exempt personal data, applies.
We have determined that the salary of the Director of the Financial Intelligence Unit amounts to personal data for the purposes of the Data Protection Act 2002. Personal data can only be released, in these circumstances, where it would be fair and lawful to do so and where it would comply with one of the Schedule 2 conditions within that Act. We have assessed that disclosure of this information would not be fair and therefore do not need to continue to consider whether it would be lawful or whether any Schedule 2 conditions would be met. In assessing the fairness of disclosure we have considered the following factors:
• That an individual has a general expectation that the level of their salary will remain private. Disclosure of this information would contravene that expectation and cause an intrusion into the privacy of the data subject which may lead to some distress. • The information was obtained in circumstances that imply a duty of confidentiality and it is expected that the information would remain confidential.
• There is no legitimate interest in disclosure of the exact figure that is not already met by the information disclosed above in response to this request.
• Whilst the Freedom of Information Act 2015 promotes transparency and accountability and therefore there may be some public interest in the Director’s salary being disclosed, it is not sufficient to outweigh the individual’s right for this information to remain private.

Funding for the Financial Intelligence Unit is provided by the Treasury, details of which can be found in the Isle of Man Budget 2017/18 which can be found at: -

www.gov.im/media/1355349/isle-of-man-budget-2017-18-v2.pdf
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 me at the address shown at the top of this letter. An electronic version of our complaint form can be found at www.gov.im/foireview. 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.
   Yours faithfully