Defective concrete Douglas Promenade

Summary

A request was made for documents explaining concrete failure on the Douglas Promenade and all correspondence between the client and contractor. The Department of Infrastructure disclosed all requested information across eight appendices, noting that some personal data was redacted under data protection exemptions.

Key Facts

• The request concerned defective concrete on the Douglas Promenade.
• The Department of Infrastructure responded with 225 pages across 9 documents.
• Appendices 1-7 contain documents defining why the concrete failed.
• Appendix 8 contains documents between the Department and the contractor/consultant.
• The authority warned that the documents are part of an ongoing contract and should not be used to imply fault.

Data Disclosed

• 2019-09-24
• 2019-11-11
• 976921
• 225
• 9
• s25
• Article 5
• IM1 2RF
• (01624) 686785

Exemptions Cited

• s25 (absolutely exempt personal information)
• Article 5 of the General Data Protection Regulation

Original Request

Can I have a copy of the documents that define why the concrete has failed A copy of all of the documents between the client and the Contractor.

Data Tables (3)

Full Response Text

Appendix 1 2525252525252525 25252525 2525 2525 2525

Appendix 2 252525252525252525252525252525252525 252525252525252525252525252525252525 252525252525252525252525252525252525 252525252525252525252525252525252525 252525252525252525252525252525252525 25 252525252525 2525 2525 2525252525252525 2525252525252525 2525252525 25252525 25252525 25252525 25252525

Appendix 3 2525252525252525252525252525 2525252525252525252525252525 2525252525252525252525252525 2525252525252525252525252525 252525 2525 2525 2525 2525 25 252525252525252525252525 25 2525

Appendix 4 2525252525252525252525252525 2525252525252525252525252525 25252525252525 2525 25 25252525 25252525 252525 252525252525252525252525252525 252525252525252525252525252525 252525252525252525252525252525 252525252525252525252525252525 252525252525252525252525252525 252525252525252525252525252525

Appendix 5 25252525252525252525252525252525 25252525252525252525252525252525 25252525252525252525252525252525 2525252525 25252525 25252525 25252525

Appendix 6 252525252525 252525252525 2525252525252525 2525252525252525 2525252525252525 2525252525252525

Appendix 7 25252525252525252525 25252525252525252525 25252525252525252525 25252525252525252525 25252525252525252525 25252525252525252525 25252525252525252525 2525252525252525252525 2525252525252525252525 2525252525252525252525 2525252525252525252525 2525252525252525252525 2525252525252525252525 2525252525252525252525 2525252525252525 25252525252525 25252525252525 2525252525 25252525 25252525 25252525252525

Appendix 8 2525252525 25252525252525 252525252525 25252525 25252525252525 2525252525252525 25252525 25252525252525 252525252525 25252525 25252525252525 252525252525 252525 25252525 252525 2525252525 2525252525252525 252525252525 252525 25252525 25252525 252525 25252525 25252525252525 252525252525 252525252525 252525 25252525 25252525 25252525 25252525 25252525252525 25252525252525 25252525 25252525252525 25252525252525 25252525 25252525 25252525252525 252525252525 25252525252525 252525252525 252525252525 25252525252525252525 25252525252525 2525 252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525252525 2525252525252525252525252525252525252525252525252525252525252525252525 252525252525252525252525252525 252525252525252525252525252525 252525252525252525252525252525 252525252525252525252525252525 252525252525252525252525252525

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

Contact: FOI Response Team Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 976921/MF/DWG 11 November 2019

Dear ###

We write further to your request which was received on 24 September 2019 and which states (sic) (numbered for ease of reference):

"1. Can I have a copy of the documents that define why the concrete has failed 2. A copy of all of the documents between the client and the Contractor."

The answer to your questions are as follows: The information you have requested can be found below in the accompanying appendices (which have been split into multiple documents because of the file size restrictions).
Please note that these documents form part of an ongoing contract and as such you should not try to imply fault from this information 1. Appendices 1, 2, 3, 4, 5, 6 and 7 2. Appendix 8 (documents between the Department and the contractor and consultant which are relevant to the concrete failure) While our aim is to provide information wherever possible, in this instance some of the information is exempt from disclosure pursuant to s25 (absolutely exempt personal information). The reasons why the 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. Please quote the reference number 976921 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

FOI Response Team