Work permit request

Summary

A request was made regarding work permit details for a Faculty Manager Wellbeing role at the University College Isle of Man, including applicant numbers and interview history. The Department for Enterprise refused to disclose any information, citing absolute exemptions for personal data under the Freedom of Information Act 2015.

Key Facts

• The request concerned a work permit for the role of Faculty Manager Wellbeing at the University College Isle of Man.
• The Department for Enterprise determined that all requested information constitutes personal data.
• Disclosure was refused because it would contravene data protection principles under the GDPR.
• The request was formally closed on 30 September 2019.
• The applicant was informed of their right to request an internal review or appeal to the Information Commissioner.

Data Disclosed

• 2019-09-03
• 2019-10-02
• 30 September 2019
• 945873
• 01624 682381
• IM1 1EX

Exemptions Cited

• Section 25(b)(i) of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Section 25(b)(ii) of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Article 5 of the General Data Protection Regulation (Data protection principles)
• Article 6 of the General Data Protection Regulation (Conditions for lawful processing)

Original Request

Has a work permit been granted for the new role of Faculty Manager Wellbeing at the University College Isle of Man? And if so how many Manx candidates applied for the job? Was this the second interview because the work permit was turned down the first time? If this is correct then is it the same person whose work permit was turned down the first time, that now has been granted a work permit to do the job?

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 682381) Website: www.gov.im/ded Email: anthony.walker@gov.im

Our ref: 945873 30 September 2019

Dear ###

We write further to your request which was received on 3 September 2019 and which states:

"Has a work permit been granted for the new role of Faculty Manager Wellbeing at the University College Isle of Man? And if so how many Manx candidates applied for the job? Was this the second interview because the work permit was turned down the first time? If this is correct then is it the same person whose work permit was turned down the first time, that now has been granted a work permit to do the job?" Our response to your request is as follows:

s25(b)(i)&(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide any 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 for Enterprise is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department for Enterprise 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 for Enterprise 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.

Please quote the reference number 945873 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