Information Commissioner 'concerned' at DOI's attitude to access to information

Department issued second Decision Notice over Crogga FOI

The Island's Information Commissioner says he's concerned at the attitude shown by the Department of Infrastructure towards the public's right of access to information.

The DoI has been handed a second Decision Notice over its response to a Freedom of Information request.

The FoI itself, submitted back in August last year, asked for details of all contact between the government and Crogga, the company with plans to drill for gas off the coast of the Isle of Man.

Initially it refused to provide this information, citing a commercial exemption - but the information commissioner issued a decision notice back in March saying the DoI didn't comply with the request within the standard period for responding, and failed to justify the application of the exemption.

The department was then given 30 days to supply the details or provide a further refusal - it chose to do the latter, on the final day of the deadline.

It said manually reviewing the 958 items of content and checking if anything could be potentially commercially damaging would equate to around 240 hours of work, therefore it believes a practical refusal reason would be applicable.

The applicant offered a compromise, saying: "I will accept the newest data first if this is easier for you to manage internally." but after a bit more back-and-forth ended up taking the matter back up with the commissioner.

In the conclusion of this latest decision notice, the commissioner says the DOI has repeatedly stated that, in order to comply with the request, it would be 'required' to review each item identified by searches.

But it says such a statement is both 'illogical and concerning; reviewing search results is a fundamental action if a public authority is to fulfil its obligations to comply with the act.

Making such statements, it says, suggests that the DOI either does not understand the law or has received incorrect advice in that regard or has knowingly and deliberately failed to review the search results to avoid complying with the Request.

The applicant's complaint has therefore been upheld and the Department has now been ordered to review each item located during those initial searches and give the information over within 30 days.

In response, the Department of Infrastructure says it 'acknowledges the Decision Notice issued by the Information Commissioner in relation to this matter and will respond in due course.'

'Each Freedom of Information request received by the Department is given full and appropriate consideration in line with well established procedures executed by experienced officers.'