Names of Legislative Council Applicants

AuthorityOffice of the Clerk of Tynwald
Date received2025-01-10
OutcomeNo information sent - all held but exempt
Outcome date2025-01-28
Case ID4359721

Summary

The requester asked for the names of applicants to join the Isle of Man Legislative Council, but the Office of the Clerk of Tynwald refused to disclose this information citing absolute exemptions for personal data.

Key Facts

  • The request was received on 10 January 2025 and responded to on 28 January 2025.
  • The authority holds the information but considers it absolutely exempt under section 25 of the Freedom of Information Act 2015.
  • Disclosure was refused because it would contravene data protection principles under the GDPR as applied in the Isle of Man.
  • Standing Order 8.2(10) requires the publication of valid proposals and applications (excluding personal contact information) after the proposal deadline.
  • The proposal deadline for the Legislative Council recruitment is set for 12 noon on 13 February 2025.

Data Disclosed

  • 4359721
  • 2025-01-10
  • 2025-01-28
  • section 25
  • Article 5
  • Article 6
  • 2018
  • 8.2(10)
  • 12 noon
  • 13th February 2025
  • 09/01/2025
  • 2015

Exemptions Cited

  • Section 25 of the Freedom of Information Act 2015 (absolutely exempt personal information)
  • Data Protection (Application of GDPR) Order 2018, Article 5 (data protection principles)
  • Data Protection (Application of GDPR) Order 2018, Article 6 (conditions for lawful processing)

Original Request

I request records of the names of applicants to join the Legislative Council as outlined in this process here: https://tynwald.org.im/recruitment

Data Tables (1)

Full Response Text

Freedom of Information Co-Ordinator Office of the Clerk of Tynwald Legislative Buildings Douglas Isle of Man IM1 3PW Telephone: 01624 685500

Our ref: 4359721 28 January 2025

Dear #######

Your Request
We write further to your request, received 10 January 2025, which states:

"I request records of the names of applicants to join the Legislative Council as outlined in this process here: https://tynwald.org.im/recruitment" Our Response While our aim is to provide information whenever possible, in this instance we are unable to provide 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 Office of the Clerk of Tynwald is satisfied that the information amounts to personal data of which you are not the data subject; and • The Office of the Clerk of Tynwald 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 Office of the Clerk of Tynwald 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 note that Standing Order 8.2(10) of the Standing Orders of the House of Keys requires the Secretary of the House to publish as soon as practicable after the proposal deadline a paper incorporating:

(a) every valid proposal; and
(b) every associated application (excluding personal contact information).

The proposal deadline is 12 noon on 13th February 2025.

An update was made to https://tynwald.org.im/recruitment on 09/01/2025 clarifying the process outlined above.

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. Please quote the reference number 4359721 in any future communications. 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.

Yours sincerely

FOI Coordinator