Private street works - Maine Road, Port Erin

Summary

A request was made for details on resident surveys regarding the adoption of Maine Road in Port Erin over the last seven years. The Department of Infrastructure disclosed that one survey occurred in July 2015 with 67% agreement, but withheld specific personal data regarding the number of residents under data protection exemptions.

Key Facts

• One consultation regarding Maine Road adoption was carried out in July 2015.
• The survey results showed 67% Yes, 8% No, and 25% Did not respond.
• The Department confirmed that all residents on Maine Road were consulted.
• Specific personal data regarding the number of residents was withheld as absolutely exempt.
• The request was clarified to cover the period back to 11th October 2011.

Data Disclosed

• July 2015
• 67%
• 8%
• 25%
• 12
• 11th October 2011
• 20 August 2018
• 3 September 2018
• 572535

Exemptions Cited

• Section 25 of the Act (absolutely exempt personal information)
• Article 5 of the General Data Protection Regulation
• Data Protection (Application of GDPR) Order 2018

Original Request

How many times were residents surveyed about making up/adopting Maine Road in Port Erin over the last eight years? Please state the date of each survey. What were the results in percentage terms and number of residents of each survey? If the Department of Infrastructure did attain the required 50% agreement from those residents surveyed, please state so unequivocally, please state exactly when this was attained (exact date) and please provide evidence of this. Please confirm that all of the residents on Maine Road in Port Erin were surveyed. Clarified back as far as 11th October 2011

Data Tables (1)

Data Tables (reformatted)

Full Response Text

APPENDIX 1

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team Telephone: (01624) 686785

Our ref: 572535 3 September 2018

Dear ###

We write further to your request which was received on 20 August 2018 and which states:

1. "How many times were residents surveyed about making up/adopting Maine Road in Port Erin over the last eight years? Please state the date of each survey. Clarified back as far as 11th October 2011, therefore back 7 years. 2a) What were the results in percentage terms and b) number of residents of each survey?
2. If the Department of Infrastructure did attain the required 50% agreement from those residents surveyed, please state so unequivocally, please state exactly when this was attained (exact date) and please provide evidence of this.
3. Please confirm that all of the residents on Maine Road in Port Erin were surveyed."

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 that exemption applies are that: • 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. 1. 1 consultation was carried out in July 2015 2. a) 67% Yes, 8% No and 25% Did not respond.

b) 12 3. Appendix 1

1. Yes all residents were consulted

Please quote the reference number 572535 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