Alleged Breach of Planning Control (Ref 19/00004/COU)

Summary

A request was made to identify the person or persons who lodged a complaint regarding an alleged breach of planning control (Ref 19/00004/COU). The Department of Environment, Food and Agriculture refused to disclose the information, citing that it constitutes absolutely exempt personal data.

Key Facts

• The request concerned an alleged breach of planning control with reference number 19/00004/COU.
• The authority responded that no information was sent as all held data was exempt.
• The exemption was based on section 25(2) of the Freedom of Information Act 2015 regarding personal information.
• The response was issued on 19th August 2019, six days after the request was received.
• The requester was informed of their right to an internal review and subsequent appeal to the Information Commissioner.

Data Disclosed

• 922953
• 19/00004/COU
• 2019-08-13
• 2019-08-19
• section 25(2)
• 2 pages
• 1 document

Exemptions Cited

• Section 25(2) of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Incompatibility with the second data protection principle

Original Request

Person or persons who have lodged a complaint

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: 922953 19th August 2019

Dear ###

We write further to your request which was received on the 13th August 2019 and which states:

With reference to an “Alleged Breach of Planning Control (Ref 19/00004/COU) … Person or persons who have lodged a complaint" While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested as it is absolutely exempt under section 25(2) of the Act (Absolutely exempt personal information). It constitutes personal data of which you are not the subject and the release of the information here would be incompatible with the second data protection principle; i.e. it shall not be further processed in a manner incompatible with the reason for which it was obtained. Please quote the reference number 922953 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