Manx Care Improvement Directors

Summary

A request was made for details on Improvement Directors advising Manx Care, including costs and contract terms, but no information was disclosed as it was deemed exempt under data protection and commercial interest laws.

Key Facts

• The request was received on 2025-03-20 and the response was issued on 2025-04-23.
• Manx Care withheld all requested information regarding Improvement Directors.
• Personal data exemptions were applied because disclosure would contravene GDPR principles.
• Commercial interest exemptions were applied to protect Manx Care's future procurement competitiveness.
• The public interest test concluded that maintaining the exemption outweighed the interest in transparency.

Data Disclosed

• 2025-03-20
• 2025-04-23
• 4528146
• section 25
• section 30(2)(b)
• Article 5
• Article 6
• Article 9
• 2018
• 2015

Exemptions Cited

• Section 25 (Absolutely exempt personal information)
• Section 30(2)(b) (Prejudice to commercial interests)

Original Request

Please provide information on the Improvement Directors currently advising Manx Care. For example, their number, cost (split by direct payment and expenses), contract period, hours worked, improvements/savings recommended and actioned. Thank you

Data Tables (1)

Full Response Text

Manx Care Noble’s Hospital, Strang Braddan, Isle of Man IM4 4R (01624) 650 000

Our ref: 4528146 17 April 2025

Dear

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

"Please provide information on the Improvement Directors currently advising Manx Care. For example, their number, cost (split by direct payment and expenses), contract period, hours worked, improvements/savings recommended and actioned. Thank you"

Response

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 exemption s25(b)(i)&(ii) applies are that:

• The Manx Care is satisfied that the information amounts to personal data of which you are not the data subject; and

• The Manx Care 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 Manx Care can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 [or if you are dealing with sensitive personal data “and one of the conditions in Article 9 of the GDPR and Schedule 2 of the Implementing Regulations is met”] and in this case, none of those conditions have been met therefore names have been redacted.

The reasons why exemption s30(2)(b) applies are that: Disclosure of the information would be likely to prejudice the commercial interest of Manx Care. As section 30 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 Transparency in spending of public funds

Factors in favour of withholding

The need to protect the commercial interests of Manx care and ensure value in spending public funds. Public interest in Manx Care remaining competitive in future procurement.

The need to protect the commercial interests of Manx care and ensure value in spending public funds.
Public interest in Manx Care remaining competitive in future procurement.

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

Please quote the reference number 4528146 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.

Yours sincerely