DoI made multiple failings when refusing FoI request

Information Commissioner orders department to provide requested information

The Department of Infrastructure made multiple failings in responding to a Freedom of Information request from Manx Radio.

The Information Commissioner has ordered the department to provide the information, which was first requested more than two years ago.

In September 2022, Manx Radio asked the DoI for correspondence relating to any proposals for the closure and removal of the Island's heritage railways.

In November of that year, the department refused to provide the information, claiming it was exempt because it relates to the formation of policy.

The matter was referred to the Information Commissioner's Office for review, and the complaint has been upheld.

Alexandra Delaney-Battacharya found the DoI failed to comply with the request within the standard period, failed to demonstrate it undertook reasonable searches for the information, failed to provide advice and assistance, and failed to justify its application of the exemption.

She was unable to determine whether reasonable searches were undertaken, and found there was no record of a public interest test being applied, adding the DoI appears to apply a blanket exemption to responses involving Council of Ministers papers instead of considering them on a case by case basis.

As a result, the department is now required to carry out searches, review each item and provide the information to Manx Radio.

If the department believes it needs to withhold some details, it must provide the information commissioner with a copy of the data and a convincing justification.

The department has 30 days to comply with the findings, and 28 days to appeal against the decision.

The review also found that the DoI identifies the category of applicant - in this case media - when processing FoI requests.

Dr Delaney-Battacharya says all requests must be handled blind, and while this doesn't identify the specific applicant she says it isn't in accord with the Freedom of Information Act and has recommended an immediate cessation of that practice.

The Department of Infrastructure says it acknowledges the findings of the Information Commissioner and will respond to the Decision Notice within the specified timeframe.