Information Commissioner rules DESC mishandled FOI on lecturer contracts

Department ordered to revisit request after wrongly refusing to confirm existence of conflict-of-interest records

The Isle of Man’s Information Commissioner has ruled that the Department of Education, Sport and Culture (DESC) mishandled a Freedom of Information request relating to the Terms and Conditions of Service for lecturers at University College Isle of Man.

An applicant had asked for details about how those terms are monitored and for copies of annual review documents.

DESC refused to confirm whether any conflicts-of-interest records existed, citing personal data exemptions, and said it did not hold the requested monitoring documents.

In a formal decision notice, the Commissioner found DESC was not justified in using a “neither confirm nor deny” response and had failed to show that reasonable searches were carried out.

It also breached its duty to offer advice and assistance.

The department has been ordered to re-process the request within 30 days, either releasing the information or issuing a new refusal notice with proper reasoning.

Failure to comply could result in the case being referred to the High Court.

DESC can appeal the ruling on a point of law within 28 days.