Resettlement Day Release

Summary

The requester asked for a five-year record detailing the destination of the 20% wage deduction taken by the prison from RDR contracts. The Department of Home Affairs provided a partial transaction list but withheld specific personal data and the identities of local suppliers due to exemptions.

Key Facts

• The request concerned the 20% wage deduction from RDR contracts over the last 5 years.
• A PDF copy of the RDR transaction list was attached to the response.
• Personal data was withheld under Section 25(2) as absolutely exempt.
• Identities of local businesses were withheld under Section 30(2)(b) to protect commercial interests.
• The Department determined that the public interest in maintaining the exemption outweighed the interest in disclosure.

Data Disclosed

• 20%
• 5 years
• 2025-03-25
• 2025-06-16
• 4539729
• Section 25(2)
• Section 30(2)(b)
• Article 5
• Article 6

Exemptions Cited

• Section 25(2) – Absolutely Exempt Personal Data
• Section 30(2)(b) – Commercial Interests

Original Request

I'm looking for information from the prison for RDR contracts. Please can you provide a record showing where the 20% of the wages that the prison take have gone for the last 5 years. I am looking for a record that shows where the money goes, who/what it goes to and any available record evidencing this.

Data Tables (1)

Full Response Text

Freedom of Information Coordinator DHA Headquarters Tromode Road, Douglas, Isle of Man, IM2 5AP

Telephone: (01624) 687017 Web address: www.gov.im/dha
Email: DPO-DHA@dha.gov.im

Our ref: 4539729 16 June 2025

Dear ###

We write further to your request, received 25 March 2025, which states:

"I'm looking for information from the prison for RDR contracts. Please can you provide a record showing where the 20% of the wages that the prison take have gone for the last 5 years. I am looking for a record that shows where the money goes, who/what it goes to and any available record evidencing this."

Our response to your request is as follows:

Please see attached a PDF copy of the RDR transaction list. Please note that while most of the information has been disclosed, certain exemptions under Freedom of Information Act (the “Act”) have been applied where necessary.

Section 25(2) – Absolutely Exempt Personal Data

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information requested, because it is absolutely exempt under section 25(2) of the Act (absolutely exempt personal information). The reasons why that exemption applies are that:

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

• The Department 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 can only disclose the information where it would be fair and lawful, and meet one of the conditions for lawful processing in Article 6 is met, in this case, none of those conditions have been met.

Section 30(2)(b) – Commercial Interests

Additionally, some of the information you requested is exempt under Section 30(2)(b) of the Act, as its disclosure would be likely to prejudice the commercial interests of local businesses.

The nature of information exempted relates to the identity of local businesses who have offered goods and/or services to the Prison. These purchases were ad-hoc, and without a formal contract to determine associated costs or any obligation of confidentiality.

The Department’s view therefore, is that local businesses offering goods and services in the Isle of Man have a right to compete with providers offering similar goods and/or services. Disclosure of the identities of these businesses along with their associated costs may harm their ability to compete with peers in the local market.

As Section 30 is a qualified exemption, it is subject to a public interest test. The public interest must be of serious concern and benefit to the public at large.

Factors in favour of disclosure

To provide complete transparency and accountability on the allocation of prisoner wages, and those who have profited.

Factors in favour of withholding

Revealing payments made to local providers would impact their ability to negotiate future contracts and therefore harm their ability to compete among peers.

There is no contract in place between the Department and the provider(s), there is therefore no agreement or expectation that the payment information will be made public. Disclosure of this information would be likely to damage the relationship between the supplier provider(s) and the Department.

In taking these factors into account, the Department have determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the identities of local suppliers.

Please quote the reference number 4539729 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.