Recent emails or correspondence between an MHK, Chief Minister and Chief Secretary regarding DHSC CO

Summary

A request was made for emails between specific government officials regarding the Department of Health and Social Care chief executive, but no information was disclosed as it was deemed exempt under data protection and public business conduct laws.

Key Facts

• The request targeted communications between Rob Callister MHK, Chief Minister Howard Quayle, and Chief Secretary Will Greenhow.
• The subject matter concerned the continued position of Malcolm Couch as chief executive of the Department of Health and Social Care.
• The Cabinet Office refused the request under section 19 of the Freedom of Information Act 2015.
• The refusal was based on exemptions for personal data and the effective conduct of public business.
• The authority stated that confirming or denying the existence of the information would itself be exempt.

Data Disclosed

• 21 March 2017
• 2017-04-06
• IM81920I
• section 19
• section 25(2)
• section 35(c)
• section 1(1)
• 2002
• IM1 3PN
• 01624 686244
• 01624 685710

Exemptions Cited

• Section 19: Refusal where confirming or denying existence is exempt
• Section 25(2): Absolutely exempt personal information
• Section 35(c): Qualified exempt information regarding conduct of public business
• Data Protection Act 2002: First data protection principle

Data Tables (1)

Full Response Text

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REFERENCE NUMBER: IM81920I

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your request dated 21 March 2017.
You asked for:
“I would like to request copies of all emails and other communications between Rob Callister MHK and Chief Minister Howard Quayle and/or Chief Secretary Will Greenhow over the past three weeks relating to the continued position of Malcolm Couch as chief executive of the Department of Health and Social Care.” Response to your request
We do endeavour to provide information whenever possible. However, under section 19 of the Act, a public authority may refuse a request where to either confirm or deny whether it holds information would itself be absolutely exempt information or qualified exempt information and if the information existed and was held by the public authority, it would be exempt from release under Part 3 or Part 4 of the Act. In this instance, if the information you requested did exist or was held by us, exemptions under section 25(2) Absolutely exempt personal information, and section 35(c) Conduct of public business of the Act would apply to that information. The fact that these have been cited, should not be taken as an indication that the information you requested is or is not held by the Cabinet Office.
Section 25(2)(a) and (b)(i) provide that: - 25(2) Information is also absolutely exempt information if – (a) it constitutes personal data of which the applicant is not the data subject; and (b) one of the following principles applies – (i) in a case where 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; Section 35(c) provides that: - 35 Information is qualified exempt information if its disclosure would, or would be likely — (c) otherwise to prejudice the effective conduct of public business.

Government Office DOUGLAS Isle of Man IM1 3PN Tel: (+44) 01624 686244 Fax: (+44) 01624 685710 Website www.gov.im/co
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These exemptions would apply because the information refers to living individuals and disclosure of such would breach the first data protection principle; ensuring that personal data must be processed in a fair and lawful way. We consider that the disclosure of the information would be likely to prejudice the effective conduct of public business and to reveal whether the information you have requested exists or is held by the Cabinet Office, would be contrary to the public interest. For these reasons, we are refusing your request under section 19 of the Act.
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 FOI Co-ordinator, Cabinet Office, Government Office, Douglas, Isle of Man, IM1 3PN. An electronic version of our complaint form can be found by going to our website https://www.gov.im/about-the-government/freedom-of-information/freedom-of- information-review-request-january-1-2017/ , a paper copy can be requested by contacting the Cabinet Office direct.
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 apply for a review of decisions by the Information Commissioner, for a decision on; 1) Whether we have responded to your request for information in accordance with Part 2 of the 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: https://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.