DSAR info re"classification" and "Upland Policy"

Summary

The applicant requested details on a changed classification and a draft Uplands Policy, but the Department of Environment, Food and Agriculture refused to release the classification data as exempt personal information and directed the applicant to publicly available documents for the policy.

Key Facts

• The request regarding the changed classification was refused because the information was previously supplied under a Data Subject Access Request.
• The Draft Uplands Policy was not released as a new document because the final strategy and related reports are already publicly available online.
• The Department confirmed that no subsequent policy was drafted after the 'Manx Upland Strategy' and 'Issues and Opportunities' documents.
• The applicant had previously received the same policy documents via email from the Agricultural Policy Manager in December 2016.
• The request was formally closed on 12th July 2018.

Data Disclosed

• 527734
• 2018-07-10
• 2019-03-19
• 2018-07-12
• 2016-11-23
• 2017-10-13
• 2016-12-12
• 2016-12-15
• 335
• 334
• 337
• section 25
• section 20
• Data Protection Act 2002
• Freedom of Information Act 2015

Exemptions Cited

• Section 25 of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Section 20 of the Freedom of Information Act 2015 (Information accessible by other means)

Original Request

1. What classification was changed? (see appended email) 2. Draft Uplands Policy - this was promised by Richard Lole years ago.

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: 527734 12th July 2018

Dear ###

We write further to your request which was received on 10th July 2018 and which states:

"1. What classification was changed? (see attached) 2. Draft Uplands Policy - this was promised by Richard Lole years ago."

Our response to your request is as follows: Request 1. What classification was changed? Response The email attached to your request had been extracted (page 335, dated 23rd November 2016) from a Data Subject Access Request response that was sent to you on the 13th October 2017. As this has already been supplied to you as Personal Information under the Data Protection Act 2002 it is absolutely exempt from release 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; I would however, refer you to pages 334 to 337 of the information supplied to you previously and referred to above. That is the only information held by the Department in relation to your request. In addition, this email seems to refer to a conversation, which is not information that is “held” by the Department. Request

1. Draft Uplands Policy - this was promised by Richard Lole years ago. Response This is publically available on the internet using the link below. The documents you need are the two “downloadable documents” on the top right of the page. https://www.gov.im/about-the-government/departments/environment-food-and- agriculture/forestry-amenity-and-lands-directorate/manx-upland-strategy/ This report and the “Issues and Opportunities” document is the final part of this work and no subsequent policy was ever drafted. Under section 20 of the FoIA, information accessible to an applicant by other means is absolutely exempt from release “if it is reasonably accessible to the applicant, whether free of charge or on payment, other than by requesting it under” the FoIA. In addition to being able to access it online, via the link above, you made the same request to the Agricultural Policy Manager in an email of the 12th December 2016 and he sent you a link to the same documents on the 15th December 2016. Please quote the reference number 527734 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