53 Howe Road 21/00209/DUD

Summary

The requester asked for documents related to case 21/00209/DUD concerning 53 Howe Road, specifically a Risk & Harm Assessment. The Department of Environment, Food and Agriculture released some information but withheld personal data under an absolute exemption.

Key Facts

• The request was received on 4 December 2024 and responded to on 16 December 2024.
• The case concerns a Risk & Harm Assessment Document dated 31 May 2024.
• The Department is the Department of Environment, Food and Agriculture.
• Some information was withheld because it constitutes personal data of a third party.
• The requester was advised that disclosure of the withheld data would contravene data protection principles.

Data Disclosed

• 4297385
• 21/00209/DUD
• 53 Howe Road
• 2024-12-04
• 2024-12-16
• 31st May 2024
• s25(b)(i)&(ii)
• Article 5
• Article 6
• 2018

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

Please accept this as a request for the documents for this case number. Please accept my apology for the delay, I have discussed this matter with the Head of Development and it is considered that whilst the Department is happy to disclose the Risk & Harm Assessment Document dated 31st May 2024 on *address redacted*, this should be done through the appropriate channels. In light of this if you wish to obtain a copy of this, the appropriate channel would be to submit a freedom of information request, requesting the harm assessment.

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 4297385 16 December 2024

Dear ###

We write further to your request, received 4 December 2024, which states:

"Please accept this as a request for the documents for this case number.

Please accept my apology for the delay, I have discussed this matter with the Head of Development and it is considered that whilst the Department is happy to disclose the Risk & Harm Assessment Document dated 31st May 2024 on address redacted, this should be done through the appropriate channels.

In light of this if you wish to obtain a copy of this, the appropriate channel would be to submit a freedom of information request, requesting the harm assessment."

Our response to your request is as follows: I have attached the information that is being released to you.

s25(b)(i)&(ii) 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 reasons why that exemption applies are that: • The Department of Environment Food and Agriculture is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department of Environment Food and Agriculture 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 Environment Food and Agriculture 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 4297385 in any future communications.

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.

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.