Bus Vannin accidents

Summary

A request for specific dates of Bus Vannin passenger accidents since September 2012 was partially fulfilled, with exact dates withheld due to data protection exemptions while yearly incident statistics were provided.

Key Facts

• The Department of Infrastructure refused to disclose specific dates of accidents to prevent the identification of individuals.
• Yearly statistics show an increase in reported incidents from 2 in late 2012 to 33 in 2016.
• The authority attributes the rise in figures to improved reporting quality and the inclusion of near misses and medical emergencies.
• Most common on-bus injuries are slips and falls, often caused by drivers avoiding accidents involving other road users.
• The request was processed under the Freedom of Information Act 2015 with an outcome date of 17 October 2017.

Data Disclosed

• 2012 (October to December): 2 incidents
• 2013: 12 incidents
• 2014: 14 incidents
• 2015: 25 incidents
• 2016: 33 incidents
• 2017 (to August): 21 incidents
• September 2012
• 28th October 2017
• 20 working days
• Section 25
• Data Protection Act 2002

Exemptions Cited

• Section 25 of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Data Protection Act 2002 (Disclosure would contravene data protection principles)

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

FOI Reference No: DOI007 Request Under The Freedom Of Information Act 2015 (“The Act”)

Thank you for your request dated 3 October 2017.

Your request (with clarification in italics)

Dear Mr Harmer

Please provide the facts to the following request:

How many accidents have occurred to passengers, however caused, whether boarding, alighting, or travelling, on road transport provided by Bus Vannin since September 2012? Please include the dates of events. As replies to certain individuals are apparently a rarity rather than a normal procedure by your department, I would appreciate this information being made available to me by 28th October 2017 (Requester has been advised that Statutory Processing Period is 20 working days from receipt of his posted request).

Due to the nature of this request, all personal details concerning individuals will not be divulged to anyone, except as applicable to the Data Protection Act or other reason which may be given, for not providing this information. (Requester has been advised that no personal data would ever be included in any response in order to comply with the DPA)

Response to your request

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reason that exemption applies is that the Department is satisfied that the information amounts to personal data under the Data Protection Act 2002.

The information that we are unable to supply you with contains the dates of incidents which, when viewed in conjunction with other information potentially in the possession of a reader, could identify an individual. Disclosure of such information would contravene one of the data protection

principles, namely that we 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 are met.

Section 25(2)(b)(i) Information is also absolutely exempt information if the information falls within any of paragraphs (a) to (d) of the definition of “data” in section 1(1) of the Data Protection Act 2002, the disclosure of the information to a member of the public (otherwise than under this Act) would contravene any of the data protection principles;

We are able to provide yearly statistics, however and they are presented below:

Year Number of incidents 2012 (October to December) 2 2013 12 2014 14 2015 25 2016 33 2017 (to August) 21

It is important to understand that you should not conclude that the accident rate is increasing; rather it is the quality of the reporting that is improving. The increased reporting of near misses forms an integral part of the efforts on the part of Transport Services to identify risks which need attention. The figures have always included passengers being taken ill on the bus, but they now include those who were taken ill before boarding, after alighting and in the vicinity of the bus, with any emergency service call being made from the bus. The most common on-bus injuries are slips and falls which often result from actions taken by drivers to avoid or prevent accidents that would otherwise be caused by the actions of motorists or other road users.

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 to foi.doi@gov.im or by delivery/post to The FOI Co-ordinator, Department of Infrastructure, Sea Terminal Buildings, Douglas, IM1 2RF. An electronic version and paper version of our complaint form can be found by going to our website at www.gov.im/foireview

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. More detailed information on your rights to review is 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 https://www.gov.im/about-the-government/freedom-of-information/

Yours sincerely