report of operating a business from a farm

Summary

The requester sought the identity of a person who reported them for storing goods on their farm and the associated objection letter. The authority disclosed the objection letter but refused to reveal the reporter's identity citing personal data exemptions.

Key Facts

• The request concerned enforcement number 1800226 at Ballacoar Farm, Baldrine.
• The Department of Environment, Food and Agriculture provided the covering letter/objection sent to planning.
• The identity of the person who made the report was withheld.
• The request was received on 13 March 2019 and responded to on 10 April 2019.
• The requester was informed of their right to an internal review or appeal to the Information Commissioner.

Data Disclosed

• 758865
• 1800226
• 2019-03-13
• 2019-04-10
• IM4 6EJ
• IM4 3AS
• 01624 685854
• 01624 685851
• section 25
• Article 5
• Article 6

Exemptions Cited

• Section 25 of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Data Protection (Application of GDPR) Order 2018, Article 5 (Data protection principles)
• Data Protection (Application of GDPR) Order 2018, Article 6 (Conditions for lawful processing)

Original Request

Hello, I wish to find out who the person that reported me for storing some goods on my farm and the covering letter/objection that was sent in to planning resulting in a planning enforcement officer coming to my farm to inspect. Enforcement number : 1800226. Address : Ballacoar Farm, Ballagawne Road, Baldrine, IM4 6EJ

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: 758865 10th April 2019

Dear ###,

With apologies for this response being late we write further to your request received on 13th March 2019, which states:

"Hello, I wish to find out who the person that reported me for storing some goods on my farm and the covering letter/objection that was sent in to planning resulting in a planning enforcement officer coming to my farm to inspect. Thanks Enforcement number : 1800226. Address : Ballacoar Farm, Ballagawne Road, Baldrine, IM4 6EJ"

Response 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 Environment Food and Agriculture is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department of Environment Food and Agriculture 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 Environment Food and Agriculture
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. In response to your request for the “… covering letter/objection that was sent in to planning …”, please see the attached document. Please quote the reference number 758865 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