NDA between government department and an i divide allowed manx citizen

Summary

The requester asked for details on Non-Disclosure Agreements and correspondence between the Department of Infrastructure and a specific individual regarding disabled access to public transport in 2021. The authority refused to confirm or deny holding the information due to data protection exemptions and stated that specific correspondence could not be located.

Key Facts

• The request was received on 22 July 2025 and responded to on 11 August 2025.
• The Department of Infrastructure applied a 'neither confirm nor deny' refusal under Section 19 of the Act.
• The refusal was based on Section 25(2)(b)(i) & (ii) exemptions regarding personal data and GDPR principles.
• The authority stated it could not locate correspondence between the DOI and the individual between 1 January 2021 and 26 April 2021.
• The requester has the right to appeal to the Information Commissioner if dissatisfied with the outcome.

Data Disclosed

• 22 July 2025
• 11 August 2025
• 2021
• 1 January 2021
• 26 April 2021
• Section 19
• Section 25(2)(b)(i)
• Section 25(2)(b)(ii)
• Article 5
• Article 6
• 4819701
• IM1 2RF
• (01624) 686785

Exemptions Cited

• Section 19 of the Freedom of Information Act 2015 (Neither confirm nor deny)
• Section 25(2)(b)(i) & (ii) of the Freedom of Information Act 2015 (Personal data)
• Article 5 of the General Data Protection Regulation (Data protection principles)
• Article 6 of the General Data Protection Regulation (Conditions for lawful processing)

Original Request

Requesting information on records of agreements made by DOI and *** *** in 2021. Any confidentiality agreements between the DOI relating to disabled access to public transport

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: 4819701 11 August 2025

Dear ###

We write further to your request, received 22 July 2025, which states:

"Requesting information on records of agreements made by DOI and *** *** in 2021.

Any confidentiality agreements between the DOI relating to disabled access to public transport”

We do endeavour to provide information whenever possible. However, under section 19 of the Act, a public authority may refuse a request where to either confirm or deny whether it holds information would itself be absolutely exempt information or qualified exempt information under the Act. In this instance, if the information you requested did exist or was held by us, an exemption under section 25(2)(b)(i) & (ii) of the Act would apply to that information.
This exemption would apply because
• 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. Furthermore, while our aim is to provide information whenever possible, with regard to the part of your request for correspondence between the Department of Infrastructure and *** *** between 1 January 2021 and 26 April 2021, the public authority does not hold the requested information or cannot, after taking reasonable steps to do so, locate it. 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

1. 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.