Requesting information regarding an informant to the planning control

Summary

The requester asked for the identity of an informant who reported a garage roof issue to planning enforcement, citing potential harassment. The Department of Environment, Food and Agriculture refused to disclose the information, citing an absolute exemption for personal data under the Freedom of Information Act 2015.

Key Facts

• The request was made to the Department of Environment, Food and Agriculture regarding a planning enforcement complaint.
• The requester suspected a specific individual of harassment and wanted to clear suspicion from others.
• The authority confirmed it held the information but refused to release it.
• The refusal was based on Section 25 of the Act regarding absolutely exempt personal information.
• The requester was informed of their right to an internal review and appeal to the Information Commissioner.

Data Disclosed

• 856665
• 2019-06-13
• 2019-06-28
• 28th June 2019
• 13 June 2019
• Section 25
• Article 5
• Article 6
• 2018
• 2015

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

I recently recieved a letter regarding my garage roof which was rather in a bad way from the planning enforcement officer Mr Richard Kneen who wasn't in a position to tell me who had made the complaint in the first place. The reason I wish to know who it was is to claer any suspicion from who didn't do it and the person who I suspect has in the past been harrasing me whenever I do something round here by way of ringing the DOI,DEFA,Drainage and previously another planning officer and I'm considering a harrasment case against them. So if you could tell me who it was I would be grateful. Thank you for your help.

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

28th June 2019 Our ref: 856665

Dear ###,

We write further to your request which was received on 13 June 2019 and which states:

"I recently recieved a letter regarding my garage roof which was rather in a bad way from the planning enforcement officer Mr Richard Kneen who wasn't in a position to tell me who had made the complaint in the first place. The reason I wish to know who it was is to claer any suspicion from who didn't do it and the person who I suspect has in the past been harrasing me whenever I do something round here by way of ringing the DOI,DEFA,Drainage and previously another planning officer and I'm considering a harrasment case against them. So if you could tell me who it was I would be grateful. Thank you for your help." Response While our aim is to provide information whenever possible, in this instance we are unable to provide 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 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 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.

Further Information

You may be aware of it but in case you are not, and for your further information, the Department’s Operational Policy on Planning Enforcement can be found here https://www.gov.im/media/1355729/planning-enforcement-policy-sept-18-2-link- to-form-updated.pdf Please quote the reference number 856665 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