Information further to DSAR re "different approach" & "Billabong Man"

Summary

The applicant requested documents regarding a 'different approach' and the identity of 'Billabong Man', but the Department of Environment, Food and Agriculture refused both requests citing exemptions for personal data.

Key Facts

• The request was received on 9th July 2018 and the response was issued on 30th July 2018.
• The Department stated it does not hold or cannot find the specific documents regarding the 'different approach'.
• Information related to the 'different approach' was previously supplied to the applicant under a Data Subject Access Request (DSAR) in October 2017.
• The identity of 'Billabong Man' refers to the sender of an email from October 2013 included in the 2017 DSAR response.
• The request was ultimately not upheld by the Information Commissioner on 19th March 2019.

Data Disclosed

• 2018-07-09
• 2018-07-30
• 2017-10-13
• 2013-10-25
• 2019-03-19
• 527233
• page 24
• page 86
• section 25
• sixth principle

Exemptions Cited

• Section 25 of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Data Protection Act (Rights of Data Subjects) - Sixth Principle

Original Request

1. Documents in relation to "need to take a different approach" 2. Identity of "Billabong Man"

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 527233 30th July 2018

Dear ###,

We write further to your request which was received on the 9th July 2018 and which states:

"1. Documents in relation to "need to take a different approach" [email attached to FoI request] 2. Identity of "Billabong Man""

Request 1. Documents in relation to "need to take a different approach “ Response The email attached to your request had been extracted (page 24) from a Data Subject Access Request response sent to you on the 13th October 2017. While our aim is to provide information whenever possible, in this instance the Department does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. I would however, refer you to the information supplied to you previously and referred to above. That is the only information held by the Department that in any way relates to your request. Any answer to your question, therefore, is likely to be included in that. As this is your personal information (and has already been supplied to you) it is absolutely exempt from release here under section 25 of the Freedom of Information Act 2015 (FoIA). 25 Absolutely exempt personal information (1) Information is absolutely exempt information if it constitutes — (a) personal data of which the applicant is the data subject; Request 2. Identity of "Billabong Man" Response From our telephone conversations I understand this may refer to the sender of an email sent on the 25th October 2013 and included (as page 86) in the Data Subject Access Request response sent to you on the 13th October 2017. If this is the case, the identity of the sender of this email cannot be provided under the FoIA as it is absolutely exempt from release (under section 25) as it constitutes personal data of which the applicant (yourself) is not the data subject, it is recorded as part of a relevant filing system and its disclosure would contravene the sixth principle of the Data Protection Act (Rights of Data Subjects). Please quote the reference number 527233 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 Frank Harrison