Names of staff in AAD

Summary

The requester asked for the names of staff in the AAD structural chart; the Treasury disclosed names for officers graded HEO and above but withheld names for EO level officers citing personal data exemptions.

Key Facts

• An internal review overruled the original refusal for HEO and above staff names, finding the 'practical refusal' reason was incorrectly applied.
• The exemption for EO level staff names was upheld because releasing them would contravene the first data protection principle regarding fair and lawful processing.
• The withheld EO staff are described as junior officers with no public-facing role who have an expectation of privacy.
• The Treasury concluded that the requester could already identify the EO staff through a mosaic of previously supplied information.
• The final decision was issued on 13 December 2017 following an internal review of the original request.

Data Disclosed

• 2017-10-24
• 2018-02-15
• 12 November 2017
• 13 December 2017
• IM110061I
• IM108115I
• January 2017
• 4 employees
• Section 11(3)(e)
• Section 25(2)
• Section 25(2)(a)
• Section 25(b)(i)

Exemptions Cited

• Section 11(3)(e) practical refusal reason (overruled)
• Section 25(2) absolute exemption for personal information
• First data protection principle (fair and lawful processing)

Original Request

Names of officers in AAD's structural chart

Data Tables (1)

Full Response Text

The Treasury

Yn Tashtey

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

INTERNAL REVIEW REFERENCE: IM110061I INTERNAL REVIEW IN RELATION TO REQUEST IM108115I

I write in reference to your request dated 12 November 2017 for an internal review of our response provided to your Freedom of Information request IM108115I.

An internal review of the response has been completed by an independent officer who was not involved with the original request. The internal review has concluded that part of the original response should be overruled and part should be upheld although further information in relation to that part could be provided to the requester.

Your request IM108115I asked: “I wish to be provided with the names of all the persons who hold the posts shown on the attached AAD January 2017 Structure Chart.”

The response to your request considered the application of a Section 11(3)(e) practical refusal reason to refuse the release of officer names graded HEO and above; and also considered the application of a Section 25 absolute exemption to refuse the release of the names of officers graded at EO level.

Section 11(3)(e) practical refusal reason – Information already supplied to the applicant

The internal review has determined that the original response to your request incorrectly applied s.11(3)(e) practical refusal reason to refuse the release of the names of officers on the AAD structural chart, where those officers were graded HEO level and above.

The internal review concluded that s.11(3)(e) only applies to information that has previously been requested by, and supplied to, the applicant as part of a valid Freedom
Freedom of Information Seyrsnys Fysseree

The Treasury Government Office,
Douglas Isle of Man,
British Isles IM1 3PU

Telephone (01624) 685605 Email: FOI.Treasury@gov.im

Government Website: www.gov.im Date: 13 December 2017

of Information request. In this instance the information referred to by Treasury within the original response had previously been supplied to the applicant as part of a ‘business as usual’ request and therefore s.11(3)(e) should not have been applied in this case.

Section 25(2) - Absolutely exempt personal information

The internal review has given detailed consideration to the application of the s.25(2) exemption and has upheld the application of the exemption to refuse the release of the names of the officers on the AAD structural chart, where those officers were graded at EO level.

In accordance with s.25(2)(a) of the Act, the exemption may only be applied if the information constitutes personal data of which the applicant is not the data subject.
The internal review considered whether the information requested constituted ‘personal data’ and was satisfied that the information did amount to personal data of which the applicant was not the data subject. An explanation of how that conclusion was drawn follows: -

“[as] the applicant was previously supplied with a structure chart which included the names of all employees graded at HEO and above, prior to making the request it is reasonable to conclude that the applicant would have been able to identify the names of all those employees. The requester was also aware of the job titles of the 4 employees graded at EO or below and so a mosaic of information available to the requester greater than that which could be disclosed by responding to the request itself had been constructed.

Therefore, without engaging s.25(2), the requestor would have had possession of a list of names which, if subject to minimal comparison with information already supplied, would have allowed identification of the names of the 4 employees graded at EO or below. Crucially, in addition to the list of names, the requestor would also have the employees’ grade and/or job title.”

The internal review went on to consider whether release of the personal data would contravene one of the data protection principles as is required under s.25(b)(i). The review has upheld the original conclusion of Treasury that release of the data would contravene one of the data protection principles. The internal review noted that the release of each officer’s name had been considered on a case by case basis.

However, the review identified inadequacies in the explanation given by Treasury as to which data protection principle would be contravened, and concluded that further information in that respect could be provided.

Consequently, I am pleased to provide below additional information which further explains why the s.25(2) absolute exemption has been applied in this instance: -

Disclosure of the names of employees graded at EO within the context of information already supplied would contravene the first data protection principle (fair and lawful processing). The employees covered by this exemption are junior officers with no public facing role. They have an expectation to privacy which would be disregarded if their names are released to the world at large through a response to an FOI request.

Conclusion

In accordance with the findings of the internal review of Treasury’s response to Freedom of Information request IM108115I explained above, I am pleased to supply you with information in relation to the names of persons who hold the posts shown on the AAD January 2017 structure chart as follows: -

Your right to request a review

If you are not satisfied with the outcome of this review, under s.42(1) of the Act you have the right to apply to the Isle of Man Information Commissioner for a review of a) our response, or b) any decisions and/or justification we have used if there was a refusal to supply information. You can contact the Commissioner at:

Isle of Man Information Commissioner PO Box 69 Douglas Isle of Man IM99 1EQ Telephone: 01624 693260 Email: ask@inforights.im Website: www.inforights.im

Should you then wish to appeal against the Commissioner’s decision, there is a right of appeal to the High Court on a point of law only.

Yours sincerely,

FOI Coordinator, the Treasury

Staff ranked Higher Executive Officer and above (in alphabetical order):  Banks, Stephen  Christian, Michael  Gowing, Simon  Hind, Stephen  Lewin, Emma  O’Donnell, Josephine

Executive Officers (in alphabetical order):  *, *  , *  , ***  *, ***

The Division also had one vacant position. The Treasury

Yn Tashtey

REFERENCE NUMBER: IM108115I REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your request dated 24 October 2017.

Your request

You asked: -

“I wish to be provided with the names of all the persons who hold the posts shown on the attached AAD January 2017 Structure Chart.”

The structural chart you referred to is provided at Annex A to this response letter.

Response to your request

The response that follows addresses your request in two parts.

In relation to the names of the officers who occupy the roles graded Higher Executive Officer (HEO) and above, while our aim is to provide information whenever possible, under section 11(3)(e) of the Act Treasury is not obliged to comply with a freedom of information request where the request for information relates to information that is identical, or substantially similar, to information previously requested by, and supplied to you and a reasonable period of time has not passed between compliance with the previous request and the making of the current request.

In this case you were provided with a copy of the structural chart for AAD dated October 2017 on the 18 October 2017. That chart included the names of all officers occupying the positions graded HEO and above.

The hierarchy of AAD in January 2017 was identical to the hierarchy in October 2017.
With the exception of two changes, the occupants of the roles graded HEO and above were the same in both January 2017 and October 2017. The information you have requested in relation to the names of these officers is therefore substantially similar to information you have already been provided and section 11(3)(a) of the Act applies.

Freedom of Information Seyrsnys Fysseree

The Treasury Government Office,
Douglas Isle of Man,
British Isles IM1 3PU

Telephone (01624) 685605 Email: FOI.Treasury@gov.im

Government Website: www.gov.im Date: 10 November 2017

I can advise you that the two changes to the officers occupying roles graded HEO and above were: -

 In January 2017 the Financial Programme Manager & Forensic Accountant (D709) position was vacant, whereas in October 2017 it was occupied.  In January 2017 the Senior Auditor Financial Assurance (HEO) role was occupied by S. Banks, whereas in October 2017 it was vacant.

In relation to the names of the officers who occupy the roles graded at EO, in this instance we are unable to provide the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: -

 The Treasury is satisfied that the information amounts to personal data under the Data Protection Act 2002.  The Treasury is satisfied that disclosure of the information would contravene one of the data protection principles, namely that The Treasury can only disclose the information where it would be fair, lawful and meet one of the conditions in schedule 2, and in this case, not all of those conditions have been met.

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 me at the above address.
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 sincerely,
FOI Coordinator, the Treasury ANNEX A