The island’s Information Commissioner has called for an immediate cessation to a government department identifying when the media submits FoI requests.
This follows an appeal sent to the IC by Manx Radio relating to information it sought from the DoI.
Alexandra Delaney-Bhattacharya’s comments were in reference to that appeal and said its approach “does not accord with the FOIA”.
Requests are handled in the same way by government departments, local authorities and applicable organisations.
When FoIs are submitted, people are asked to submit what category of person they are or organisation they are representing, for example media, political party or private individual.
However, Mrs Delaney-Bhattacharya, when referencing the use of this approach by the DoI, said: “Although the identity of the applicant is not disclosed, the category of applicant is disclosed.
“The approach does not accord with the FOIA and the Commissioner recommends immediate cessation of that practice by the public authority.”
She also noted that all FoI should be treated on an “applicant-blind basis and the public authority should treat all requesters equally”.
Searches
Mrs Delaney-Bhattacharya said that searches undertaken during Manx Radio’s appeal found that “internal correspondence requesting searches
identified the category of applicant”.
She outlined that Section 7.2 of the Code of Practice states: “The identity of the Applicant will not usually be relevant to the consideration of the request and must not be revealed when consulting third parties unless permission is sought and granted or it is necessary for the third party to properly respond.”
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