Settlement Agreements

Summary

The requester asked for statistics on Settlement Agreements issued by the Financial Intelligence Unit since September 2021 and a blank template. The authority refused to disclose the statistics citing personal data exemptions and confirmed they do not hold a blank template.

Key Facts

• The request was received on 31 December 2024 and responded to on 24 January 2025.
• The Financial Intelligence Unit refused to provide the number of settlement agreements or their breakdown.
• The refusal was based on Section 25(b)(i)&(ii) of the Freedom of Information Act 2015 regarding absolutely exempt personal information.
• The authority stated that disclosure would contravene GDPR data protection principles.
• The Financial Intelligence Unit confirmed it does not hold a blank copy or template settlement agreement on file.

Data Disclosed

• September 2021
• 31 December 2024
• 24 January 2025
• 4339572

Exemptions Cited

• Section 25(b)(i)&(ii) of the Freedom of Information Act 2015 (absolutely exempt personal information)
• Article 5 of the General Data Protection Regulation (GDPR)
• Article 6 of the General Data Protection Regulation (GDPR)

Original Request

Dear Sir, Please may you provide me with the total number of Settlement Agreements that have been issued by the Financial Intelligence Unit between September 2021 and current. Please may this be broken down into a table which categorises the reason for the Settlement Agreement (e.g. disciplinary etc.) and also the monetary compensation figure associated with each respective Settlement Agreement. Lastly, please may you provide me with a blank copy of the Settlement Agreement that is currently on file that would be used as a template to fill in the blanks as per se. Thanks.

Data Tables (1)

Full Response Text

PO Box 51 Douglas Isle of Man IM99 2TD Tel: +44 (0)1624 686000 Email: fiu@gov.im Website: www.fiu.im

Our ref: 4339572 24 January 2025

Dear ###

We write further to your request, received 31 December 2024, which states:

"Dear Sir,

Please may you provide me with the total number of Settlement Agreements that have been issued by the Financial Intelligence Unit between September 2021 and current.

Please may this be broken down into a table which categorises the reason for the Settlement Agreement (e.g. disciplinary etc.) and also the monetary compensation figure associated with each respective Settlement Agreement.

Lastly, please may you provide me with a blank copy of the Settlement Agreement that is currently on file that would be used as a template to fill in the blanks as per se.

Thanks."

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 Financial Intelligence Unit is satisfied that the information amounts to personal data of which you are not the data subject; and • The Financial Intelligence Unit 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 Financial Intelligence Unit 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. The disclosure of the requested information would potentially identify an individual or individuals. Processing this data would contravene principal (a) of the GDPR, as the FIU would have no lawful basis for processing third-party personal data.

Further, the FIU does not hold a blank copy or template settlement agreement on file.

Please quote the reference number 4339572 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.