Correspondence to Ramsey Town Commissioners in relation to Town Clerk

Summary

A request for correspondence regarding the 2024 appointment of the Ramsey Town Clerk was made to the Department of Infrastructure, but the request was ultimately withdrawn after the authority cited exemptions for personal data and the free and frank provision of advice.

Key Facts

• The request was received on 20 January 2025 and the case was closed on 5 March 2025.
• The Department of Infrastructure refused to disclose information under Section 25 (personal data) and Section 35 (advice and deliberation) of the Freedom of Information Act 2015.
• The authority determined that the public interest in withholding the information outweighed the interest in disclosure.
• The final outcome of the case is recorded as 'Withdrawn' with an outcome date of 18 August 2025.
• The request specifically targeted written correspondence sent to Ramsey Town Commissioners.

Data Disclosed

• 4383581
• 2025-01-20
• 2025-03-05
• 2025-08-18
• 2024
• Section 25
• Section 35
• Article 5
• Article 6
• 3 pages
• 1 document

Exemptions Cited

• Section 25: Absolutely exempt personal information
• Section 35: Free and frank provision of advice and prejudice to effective conduct of public business
• Data Protection (Application of GDPR) Order 2018

Original Request

Please provide all written correspondence sent to the office of Ramsey Town Commissioners in relation to the appointment of their Town Clerk in 2024.

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 4383581 5 March 2025

Dear ###

We write further to your request, received 20 January 2025, which states:

"Please provide all written correspondence sent to the office of Ramsey Town Commissioners in relation to the appointment of their Town Clerk in 2024."

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 Infrastructure is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department of Infrastructure 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 Infrastructure 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.

While our aim is to provide information whenever possible, in this instance the information is exempt under section 35 of the Act, as disclosure would be likely to inhibit the free and frank provision of advice and otherwise prejudice the effective conduct of public business.

The Department would be likely prejudiced if the information requested was to be disclosed as it would impact the effective provision of advice and the ability of free and frank discussions between the Department and Local Authorities.

As section 35 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure • Increased confidence in the decision-making process

Factors in favour of withholding • Disclosure would be likely to inhibit the ability of Public Authority staff and others from expressing themselves openly, honestly and completely, or to explore extreme options, when providing advice or giving their views as part of the process of deliberation
• The Department should have a 'safe space' to provide Local Authorities advice and assistance on issues which will likely be inhibited if the information was to be disclosed

In taking these factors into account the Department of Infrastructure determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 4383581 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.

Jessie FOI Response Team