Access to Information

Freedom of information Request under the Freedom of Information Act 2015

The GSC is subject to the Isle of Man’s Freedom of Information Act 2015 (‘the Act’). The Act enables Isle of Man residents to submit requests for information about the GSC as described on the Isle of Man Governments' Freedom of Information website.

Both the GSC and Isle of Man Government already provides a range of information and before considering submitting a request for information under the Freedom of Information Act 2015, you should try searching this website or alternatively the Isle of Man Government website (gov.im) using the search box or sitemap.

If you are unable to find what you are looking for, residents can make a request for information created on or after 11 October 2011 by public authorities, by completing a Freedom of Information Act 2015 request form online.

A paper version of the form is available here or by contacting us directly by email GSC-DPO@gov.im  

Before completing this form please read the Guidance Notes attached

Submit a Freedom of Information request:  

Subject Access Request

Article 15 of the Data Protection (Application of GDPR) Order 2018, provides the right of access to personal data. The exercise of this right is commonly known as making a ‘subject access request’. You can make a request at any time. Although it is often used before exercising any of your other information rights, it can be exercised to find out whether any information about you is being processed or not.

This right does not entitle you to copies of documents – the right is only to the information which is about you (that is, your "personal data"). As this is not a right to copies of documents, compliance with the right can be achieved, for example, by extracting the personal data about you and inserting it into a new document.

Information about how data is collected, used and retained can be found in the privacy notices on the GSC’s privacy notice.

How to make a subject access request

A subject access request can be made verbally or in writing. If you make your request verbally, it is recommended you follow it up in writing to provide a clear trail of correspondence.  In doing so it will provide clear evidence of your intentions if a dispute arises.

If you make your request electronically, the GSC will respond by the same method, unless you ask otherwise.

We may ask you to provide some form of identification to ensure we are searching for personal data about the correct person and to prevent personal data being given to the wrong person.

In the first instance, we recommend you email the GSC’s Data Protection Officer.

Can I make more than one request?

Although you can make more than one request for access to different information, if you ask for the same information more than once the GSC may refuse to act if your request is ‘manifestly unfounded or excessive’.

Time frame

The GSC must respond to your request without undue delay and in any event within one month of receipt of the request.  In exceptional circumstances, for example if the request is particularly complex, the time period may be extended by a maximum of a further two months. However, the GSC will let you know that there will be a delay and the reasons for it before the end of the first month.

What you should be given

If your personal data is being processed, you should be given a copy of the "personal data" you have requested and be told:

• why the personal data is being processed (the purposes)
• what types of personal data is being processed (the categories)
• who it has been, or may be disclosed to (the recipients)
• how long it will be kept (retention period)
• the source of the data (if it did not come from you and if that information is available)
• what safeguards are in place if the personal data is being transferred to a third country
• that you have other rights of rectification, erasure, restriction of processing, objection to processing
• that you can make a complaint to the Commissioner

If automated decision-making or profiling is used, you should be provided with meaningful information about the logic involved information as well about the significance and envisaged consequence of the processing for you.

Can the GSC refuse to act or give you the information?

The GSC can refuse to act or provide you with the information:

• if it demonstrates that it is not in a position to identify you.
• if the request is manifestly unfounded or excessive.

The GSC can refuse to give you some information if it includes information that identifies another individual, unless

• the other individual has agreed to the disclosure, or
• it is reasonable to provide you with this information without the other individual’s consent.

In deciding this, the GSC must balance your right to access your data against the other individual’s rights regarding their own information.  However, the GSC must still provide as much information to you as possible by omitting, or redacting, the name of the other individual or other identifying particulars. 

There are also a number of restrictions on the right of access in certain circumstances. More information is available on the website at: https://www.inforights.im/individuals/data-protection/restrictions-on-rights

What to do if you are unhappy with how your request was handled

If you do not receive a response, or are unhappy with how your request was handled, you should firstly make a complaint to the Data Protection Officer of the GSC, preferably in writing as it will give you evidence of your actions.

If the matter remains unresolved, then you are entitled to make a complaint to the Information Commissioner.  You can also seek to enforce your rights through the courts. If you decide to do this, we strongly advise that you seek independent legal advice from a Manx advocate first.

More guidance about subject access requests is available in the Subject Access Request document library of the Information Commissioner’s website.

Code of Practice on Access to Government Information 2016

The Code of Practice on Access to Government Information (Isle of Man) outlines how individuals can request information from government bodies, especially in cases where statutory routes like the Freedom of Information Act (FOIA), Data Protection Act (DPA), or Public Records Act (PRA) do not apply.

Anyone can request information from Government currently under the Code of Practice on Access to Government Information 2016 ('Access Code'). 

The Access Code outlines the information that Government is committed to release, which can be summarised into five areas as follows:

1. Facts and analysis of facts relevant to major policy proposals;
2. Explanatory material on the Government's dealings with the public (for example, rules and procedures);
3. Reasons for administrative decisions to those affected;
4. Full information on how public services are run (for example, costs and targets); and
5. Details relating to policies, actions and decisions.

The Access Code supports the policy that some information must be kept confidential and therefore a list of exemptions is included. Examples of exempt information are national security and defence. 

You can make an Access Code request in writing to Government.