Information Commissioner upholds complaint over Cabinet Office FOI handling

Department told to reconsider response on Area Plan documents after failings in redactions, review process and timing

The Isle of Man’s Information Commissioner (ICO) has upheld a complaint against the Cabinet Office over its handling of a Freedom of Information request linked to the Area Plan for the North and West.

In a decision notice, the data regulator found the authority failed to properly apply exemptions, did not carry out a sufficiently robust internal review, and breached the statutory deadline for responding to the request.

The case centres on a request made in September 2024 for email correspondence involving government officials and the independent inspector overseeing the Area Plan process. The plan sets out how land in parts of the Island could be used and developed in the future.

The Cabinet Office initially released some information but withheld sections, citing that parts were “out of scope” or contained personal data. It also said one element of the requested information was not held.

However, during the ICO’s investigation, some of the material previously deemed “out of scope” was later disclosed.

The decision notice concludes the authority did not demonstrate that it had properly considered whether releasing the redacted information would breach data protection principles.

While personal data can be exempt from disclosure under the law, public bodies are still expected to explain clearly why that exemption applies.

The ICO also found shortcomings in the Cabinet Office’s internal review process. Rather than fully addressing the applicant’s concerns, the review appeared to rely on a standard checklist and did not reassess the earlier decision in a meaningful way.

Additionally, the authority suggested the request could be considered “vexatious” because multiple similar requests had been submitted. But the Information Commissioner reported there was no evidence this threshold had been met, noting that such a designation requires a high level of justification.

On procedural issues, the Cabinet Office responded to the request on the 23rd working day, exceeding the 20-day limit set out in the Freedom of Information Act. The decision notice stresses that factors such as staff availability or workload do not extend that deadline.

The authority was further criticised for how it handled a request for clarification.

It had asked the applicant to combine multiple requests into one, but the ICO said this did not amount to a legitimate request for clarification under the relevant code of practice.

The authority must now either disclose the requested information or issue a fresh refusal notice that properly explains any exemptions it intends to rely on. It has 30 days to respond.

The North and West Area Plan was rejected in Tynwald, after two votes which both saw the document - which set out a planning framework designed to manage land use, housing distribution, and economic development across the northern and western areas of the Isle of Man - turned down.