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REFERENCE NUMBER: IM106855I

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your application dated 15 October 2017 for the following information:

“Please provide the name of the postholders in the Cabinet Office 'Family Trees' attached “ [previous FOI response IM64131I published by Cabinet Office 26/10/2016]

This was subsequently clarified to "the latest versions held by each of the 5 Divisions in the Cabinet Office".

Response to your request

Please find attached the information requested. In accordance with Section 10(1) of the Act, the information is that held at the time when the request was received.

Government Technology Services (GTS) has gone through a number of changes, both in staff and structure, the most recent in February 2017. Due to these changes, and turnover in staff, GTS organograms currently record solely the Director, Deputy Directors, Heads of Sections and those at Higher Executive Officer (HEO) grade, or similar, on its structure chart.

Also in this instance some information has been redacted, or removed, because it is absolutely exempt under section 25(2) of the Act (absolutely exempt personal information). The reasons why that exemption applies are that:

- The Cabinet Office is satisfied that in such individual cases the information amounts to personal data under the Data Protection Act 2002 (DPA).

- The Cabinet Office is satisfied that disclosure of the information would contravene one of the data protection principles, namely that Cabinet Office can only disclose the information where it would be fair, lawful and meet one of the conditions in schedule 2 of the DPA and in this case, none of those conditions have been met.

The exemption has been applied to some of the names of Cabinet Office staff, on a case by case basis. When deciding on whether it would be fair, lawful and meet one of the conditions in schedule 2 of the DPA, the following factors have been considered:

Seniority Extent of public facing nature of the role

Government Office DOUGLAS Isle of Man IM1 3PN Tel: (+44) 01624 686244 Fax: (+44) 01624 685710 Website www.gov.im/co

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Expectation of privacy Potential harm that could be caused by disclosing that person’s name.

Your right to request a review

If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to the FOI Co-ordinator, Cabinet Office, Government Office, Douglas, Isle of Man, IM1 3PN. An electronic version of our complaint form can be found by going to our website https://www.gov.im/foireview. If you would like a paper version of our complaint form to be sent to you by post, please contact us and we will be happy to arrange for this.

Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to apply for a review of decisions by the Information Commissioner, for a decision on;

1) Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or

2) Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your rights to review is on the Information Commissioner’s website at: https://www.inforights.im/

Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about Freedom of Information requests can be found at: www.gov.im/foi.

Enterprise Systems Business SystemsDigital Transformation -

DHSC

Digital

Transformation -

DEC

Programme

Management Office

Technology Design,

Delivery & Assurance

Service Delivery &

Customer Service

Finance &

ContractsSecretariat

Kermode, Kath Cullen, Brett Winstaley, Nick Kinrade, Graham Mayles, James Leece, Nick Oliphant , Richard Patrick, Andrew

Juan Bridson William Dunlop Graham Cain Russell Hawke Paul Domingo Karl Millar Julie Brew

Braydie Grove Nicholas Johnson Andrew Colgan Robert Ross Francis Go Stacey Lacey

Andrew Murray Patrick Reaney Christopher Keyes Kevin Bailey

Lee Reynolds Steven Parker

Jill Ruane Jason Poyzer

Iain Walker Tana Wondergem

Carl Watson James Capelen

Paul Watson

Rosie Wood

Web Services Application Support Systems Administration Support Officer PMO Administration Support Officers Service Desk Contracts Team Business Support

Application Developers 2nd Line 2nd Line Project Managers Proactive Infra Support 2nd Line Finance Office Secretaries

Test Analysts Project Managers Technical Designers Programme Managers Technical Designers Communications Team

Business Analysts Health Solutions Designer BI Business Analysts Apprentices Apprentices

Enterprise Platform Specialists

23 (inc apprentices) 8 15 15 4 (variable) 26 (inc apprentices) 35 (inc apprentices) 4 3 (LTA)

Government Technology Services

Organisation - September 2017

Mid

dle

Managem

ent

Team

Senio

r M

anager

Team

Richard Wild - Director

Andy Williams - Deputy Director

Brian Osborn - Acting Deputy Director

Office of Cyber Security and Information Assurance (OCSIA)

Executive Director Policy & Strategy

Carl Hawker

Head of Economic Affairs

Adam Smith

Research Manager

Erin Stepney

Economic Assistant

Adminstrative Assistant

Adminstrative Officer

Office of Human Resources

Cabinet Office

Structure

November 2017

Executive Director HR

Jon Callister

Head of Learning,

Education &

Development Division

Jo Roberts(Acting)

Head of

HR Management

Clare Porter

Head of Health, Safety

& Welfare

Adrian Mooney(Acting)

Head of HR Policy &

Corporate Services

Ruth Hussey

Health & Safety

Welfare

Education

HR Business

Partnering

Learning

Industrial Relations

HR Support Team

Recruitment &

Employment Changes

Manager

Andrea Weatherill (Acting)

Job Evaluation, Reward &

Metrics

Business Partner

DEC / MNH / DED/

Treausry / Gen Reg

Mary Slater

Business Partner

DOI / MUA / Cabinet

Office / AG’s / PSPA /

GSC / CC / CoT

Michelle Brown

Business Partner

DHSC & DEFA

Anne Corkill

Head of Employment

Services & Payroll

Anne Shorrock

HR Advisor

Katy McAlpine

Linda Wheeler

HR Advisor

Janice Cowin

Tom Nicol

Jude Carey

Assistant HR Advisor

Lindsey Blenkinsop

Tanya Sanderson

George Corrin

Anitha Joy

Job Evaluation, Reward

& Metrics Manager

Chris Alexander

Secretariat Services

Manager

Vacant

Policy & Research

Support Officer

Bryan Douglas

HR Advisor Policy &

Governance

Hilary Leece

Secretarial Support

Joan Gleave

Aisha Howard

JERM Officer

Cheryll Venables

Payroll Manager x 2

Jo Champion

Natalie Fletcher

AO x 13

AA x 1

Payroll Team Leaders

EO x 3

JERM Assistant

Charlotte Coue


Jody McDowell

HR Advisor

Natalie Christian

Rowan Grundey


Sunni Bloom

Appointments

Team Leader

Katrina Buttery

Employment Admin &

Absence Team

Leader

Charlotte Davies

AO x 9

AA x 1

AO x 9

PIP Project

Business Transformation

Officer

Erica Richards


Support Officer

Alex McPherson

Systems Development

Manager

Peter Kennaugh

Systems Support

Officer

Mike Cutsforth

Sean Trayler

AO x 1

HR Project Officer

Hannah Leighton

Sourcing Team Leader

Joe Wilde

AO x 3


Officer

Sian Little

Project Support Officer

Nicole Ellis

Andrew Faragher

Organisational

Development

E-Learning Developer

Natalie Perkin

Organisational

Development Officer

Andrea Tabb

Perscomm/Civil/CD18B/Transforming Gov

23.10.17

Donna Hart Head of Nursing & Higher

Education

Voirrey Kewley QCF Co-Ordinator/ Admin

Lead Amanda Marsay

Library & Information Services Manager

1 x EO Compliance & Support Manager

Joanne Roberts

Director

Learning, Education & Development

Catherine Black

Principal Lecturer

Sue Coyle Staff Development Officer Bernadette Devlin Senior Lecturer Mark Haith Senior Lecturer Lyz Howard Senior Lecturer Vicky Taylor Senior Lecturer Raymond Ndengeya Senior Lecturer

Vacant Senior Lecturer

1 x Senior Library Assistant 3 x AA Library Assistants

Kirstie Martin Development Manager

Nina Hogan Learning & Development Manager

3 x AO Learning & Programme Administrators

1 x EO Education Support Manager

2 x EO Programme Administrator & Events Organiser 1 x AA Admin Assistant

4 X AO Administrators

Sarah Reader Development Manager

1 x Clinical Skills Facilitator

4 x EO Learning & Development Officers

Emma Walker Senior HR Project Officer

Louise Wheeler Learning & Development Manager

Organogram correct as at 17 October 2017

Executive Director Crown & External

Relations

Della Fletcher MBE

Senior Passport, Immigration,

Nationality & Crown Officer

Annie Taylor

Passports, Immigration &

Nationality Manager

Nick Robinson

Immigration, On Entry Officer

Carl Fielding

Immigration Enforcement

Officer

Vacant

Passport & Nationality Officer

[redacted]

Admin Officer

Passport , Immigration

& Nationality

[redacted]

Admin Officer


& Nationality

[redacted]

Admin Officer


& Nationality

[redacted]

Admin Officer Passport , Immigration

& Nationality

[redacted]

Immigration, Policy &

Legislation Officer

Amy Swales

Private Secretary to the Lieutenant

Governor /ADC & Head of Household

Diane Kelsey

House Manager & Diary Secretary

Carey Chung

Chef (part time)

[redacted]

Butler/Chauffeur

[redacted]

Assistant Housekeeper

[redacted]

Assistant Housekeeper

[redacted]

Social Secretary & Assistant Diary

Secretary

[redacted]

Head of IOM Brussels Office

David Corlett

Head of External Relations Team

Sam McCauley

External Relations Policy &

Legislation Manager

Anne Shimmin

External Relations Executive Officer

Vacant

External Relations Offcer

Charlie Shimmins

External Relations Policy Manager

Clair Barks

External Relations Executive Officer

Job Share

Sara Jones/ /Laura Stanley/Rachael

Huxley (maternity)

External Relations Officer

Tess Joughin

External Relations Officer LTA

Nick Hawkes

Head of Corporate Communications Service

Liz Aelberry

Communications Executive

Vacant


Richard Parslow


Jo Overty


Jonathan Davies

Communications Officer

Georgina Thompson

Communications Officer

Stephen Parry

Head of Crown and Elections Team

Kirsty Hemsley

Crown & Policy Legislation Manager

Christine Moreton

Electoral Registration

Manager

Becky McCann

Electoral Registration

Officer

Nadine Gordon

Crown & Policy legislation

Executive Officer

Jo Taylor

Freedom of Information

Executive Officer

Elizabeth Keefe

Chief Secretary Will Greenhow

Director of Change and Reform Dan Davies

Head of Executive Office

David Kinrade

Head of AML/CFT Policy Office

Karen Ramsay

Executive Assistant to Chief Secretary Kayleigh Parkinson

Public Appointments Officer

Caroline Mallon

Assistant Secretary to Council of

Ministers

Head of Corporate Services

Debra Heaney

Planning Appeals & Corp Services Officer

Andy Johnstone

Information & Records Officer

Planning Appeals & Corp Services Administrator

Information & Records and

Corporate Services Administrator (p/t)

Head of Corporate Finance & Performance(shared post with GTS)

AML/CFT Policy Manager

Jo Hetherington

AML/CFT AdvisorPaul Heckles

Private Secretary to the Chief Minister

Senior Secretary to the Chief Secretary & Min of Policy &

Reform

Planning Policy Manager Diane Brown

Assistant Planning Policy Officer x 4

Council of Ministers & Public

Appointments Officer (p/t)

Regeneration Manager

Vacant

Research, Policy and Performance Officer

Carlos Phillips

Jennie WheelerChange & Reform Programme Lead

Anna GoldsmithChange & Reform Project Manager

Katie WardChange & Reform Project Manager

Customer Services Development

Manager

Customer Services Supervisor

Customer Services Supervisor

Customer Services Officer x 5

Customer Services Officer x 5

Project Support Officer

Sam MylchreestChange and Reform

Project Manager

Cabinet OfficeExecutive Office and Change & Reform

Nov 2017

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REFERENCE NUMBER: IM106855I INTERNAL REVIEW: IM110048I

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

I refer to your request of 12 November 2017 for an internal review to be conducted with regards to our response to the Freedom of Information Act (“the Act”) request reference number IM106855I.

I can confirm that this review has now been completed by an independent reviewer who was not involved with the original request. The information provided has been reviewed and the application of the exemption has been reconsidered and the findings are set out below.

Response to Original Request

The response you received dated 9 November to your request of 15 October explained that the information requested is held by the Cabinet Office and the information held at the time when the request was made was supplied to you. Some information was removed or redacted under Section 25(2) – Absolutely Exempt Personal Information. The response set out the reasons for engaging this exemption and also gave a brief explanation with regards to the level of detail contained in the Government Technology Services structure chart.

In the response the names of post holders of grades Higher Executive Officer (HEO) and above have been provided as it was considered there would be a reasonable expectation from those staff at middle management grades and above that their names would be in the public domain. Consideration was given to all other post holders in positions at a lower grade. It was determined that it was considered fair and lawful to disclose the names of roles considered to be public facing at grades lower than HEO, that is whose names are in the public domain by virtue of the nature of their role. As these names are already disclosed to the world at large they have been provided.

For this review consideration is only being given to whether it is correct to withhold those names of staff in posts at Executive Officer (EO) and below not already disclosed, as explained above.

Engagement of Section 25 (2) – Absolutely Exempt Personal Information

This exemption is an absolute exemption and therefore is not subject to the public interest test. It has been engaged because under this exemption the redacted/removed information falls within the section 25(2)(b)(i) of the Act, that is:

“(2) Information is also absolutely exempt information if —

Government Office DOUGLAS Isle of Man IM1 3PN Tel: (+44) 01624 686244 Fax: (+44) 01624 685710 Website www.gov.im/co

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1. it constitutes personal data of which the applicant is not the data subject; and 2. one of the following applies —

i) in a case where the information falls within any of paragraphs (a) to (d) of the definition of “data” in section 1(1) of the Data Protection Act 2002, the disclosure of the information to a member of the public (otherwise than under this Act) would contravene any of the data protection principles”

ii) in a case where the information falls within paragraph (e) of that definition of “data”, the disclosure of the information to a member of the public (otherwise than under this Act) would contravene any of the data protection principles if the exemptions in section 29A of the Data Protection Act 2002 (manual data held by public authorities) were disregarded;”

The requested information constitutes the personal data of which the applicant is not the data subject; that is the names of junior, non-public facing staff whose names have not been released due to the nature of their role. To disclose such data would contravene one of the data protection principles. There is an expectation that more information with regards to senior staff is disclosed as they are responsible for decision making and expenditure of public funds, therefore they have a greater level of accountability.

When considering engaging this exemption the authority must consider section 3 of the Act, that is:

“the information should be available to the public to promote the public interest” and “exceptions to the right of access are necessary to maintain a balance with rights to privacy, effective government, and value for the taxpayer.”

The authority must remember that disclosure under the Act is a disclosure to the world at large, not just to the requester, and therefore it has to balance the right of access to information under the Act against the individual’s right to privacy and compliance with the Data Protection Act (2002) (DPA).

The authority must first establish that the information being requested constitutes personal data. Under section 1 of the DPA ‘personal data’ is interpreted and defined as:

“data which relate to a living individual who can be identified — (a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into

the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual”

Whilst information relating to a post only, e.g. job title, details of the job’s responsibilities but not the name of the post holder, might not constitute personal data the inclusion of the post holder’s name, and the inference of that post’s responsibilities, is personal data about the individual.

In the case of the organograms held by Cabinet Office, disclosure of the post holder’s name, job title, the inference of that post’s responsibilities, who they are responsible to/for with regards to line management, the division and department they work in and an indication of the grade of the post (and therefore salary of the individual) would mean that they are identifiable by both the data

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controller and the public. Therefore, in this instance, inclusion of the post holder’s name would constitute personal data about the individual.

Once it has been established that the information constitutes personal data, the authority must consider if disclosure would contravene the first data protection principle under Schedule 1 of the DPA:

“The first principle: fair and lawful processing 1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed

unless- (a) at least one of the conditions in Schedule 2 is met, and (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also

met.”

The Cabinet Office has taken into consideration that a disclosure under the Act is not just a disclosure to the requester but to the world at large – would disclosure infringe on a post holder’s privacy, do they have an expectation of privacy? The Cabinet Office considered that senior members of staff have a reasonable expectation that their information will be in the public domain. As previously stated, this is because they are responsible for making significant decisions and expenditure of public funds and so have a greater level of accountability. The Cabinet Office looked at roles at a more junior level and considered if any are public facing, i.e. explain policies, etc., and therefore are already in the public domain. The junior roles identified as such have been disclosed.

Decision of Internal Reviewer

On consideration of the original request for information and the request for an internal review, the Reviewer has upheld the decision of the Cabinet Office to engage the exemption under section 25 (2) because:

It has been established that the data requested constitutes personal data under the DPA To disclose would be to contravene the first principle of the DPA because:

o It would not be fair or lawful to do so – there is a reasonable expectation that the names of senior staff and public facing junior staff be provided. Junior members of staff have a reasonable expectation to privacy

Therefore to disclose the names of non-public facing junior staff would contravene the first principle of the DPA

If you are dissatisfied with the outcome of this review, under s42(1) of the Act you have the right to apply to the Isle of Man Information Commissioner for a review of a) our response, or b) any decisions and/or justification we have used if there was a refusal to supply information. You can contact the Commissioner at:

Isle of Man Information Commissioner PO Box 69 Douglas Isle of Man IM99 1EQ Telephone: 01624 693260 Email: [email protected]

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Website: www.inforights.im Should you then wish to appeal against the Commissioner's decision, there is a right of appeal to the High Court on a point of law only.

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