MT Buyout

Summary

The requester asked for all correspondence held by Minister Daphne Caine regarding Manx Telecom's offer for a government buyout. The Department of Education, Sport and Culture released some information but withheld personal data under an absolute exemption.

Key Facts

• The request was received on 2024-11-18 and responded to on 2024-12-13.
• The authority handling the request is the Department of Education, Sport and Culture.
• The request specifically targeted communications involving Minister Daphne Caine.
• Some information was redacted because it constituted personal data of a third party.
• The outcome was classified as 'Some information sent but part exempt'.

Data Disclosed

• 4262587
• 2024-11-18
• 2024-12-13
• 2
• 1
• s25(b)(i)&(ii)
• Article 5
• Article 6

Exemptions Cited

• Section 25(b)(i) and (ii) of the Freedom of Information Act 2015 (Absolute exemption for personal information)
• Article 5 of the General Data Protection Regulation (Data protection principles)
• Article 6 of the General Data Protection Regulation (Conditions for lawful processing)

Original Request

Dear Sir, Please may you provide me with all correspondence, including texts, emails, SMS, WhatsApp messages, letters etc. that is held by the Education, Sport and Culture Minister Daphne Caine to which there is reference to or discussion about Manx Telecom's offer for the Isle of Man Government to take over/buy out the telecommunications provider. Thanks.

Data Tables (1)

Full Response Text

Policy, Strategy and Governance Division Department of Education, Sport and Culture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS

Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im

Our ref: 4262587 13 December 2024

Dear ###

We write further to your request, received 18 November 2024, which states:

"Please may you provide me with all correspondence, including texts, emails, SMS, WhatsApp messages, letters etc. that is held by the Education, Sport and Culture Minister Daphne Caine to which there is reference to or discussion about Manx Telecom's offer for the Isle of Man Government to take over/buy out the telecommunications provider.”

Our response to your request is as follows:
Please see attached information held.

Redacted Information
s25(b)(i)&(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide some 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 Department of Education Sport and Culture is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department of Education Sport and Culture is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Department of Education Sport and Culture can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and in this case, none of those conditions have been met.

Please quote the reference number 4262587 in any future communications.

Your right to request a review

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An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . 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.

I will now close your request as of this date.