Privacy Notice

We may collect and hold the following personal information, dependent on the purpose:

• Personal contact details (name, address, date of birth, phone numbers, email)
• Professional references to demonstrate fit and proper status,
• Bank details
• Personal finances and circumstances
• Your stated views and opinions

• Application forms and correspondence
• Reference and professional checks
• Interviews and one to one discussion
• Your responses to public/stakeholder consultations

The OFT may use your information to:

• Perform our statutory functions including Licensing and Registration
• Provide advice and assistance
• Help prevent and detect crime

The OFT has a statutory obligation to check and verify the data you provide to us and will do so as and when required.

The OFT’s statutory functions include those derived from the following legislation:

• Architects Act 1976
• Auctions Act 1985
• Chapmen's Act 1971
• Children and Young Persons Act 1966
• Cinematograph Act 1977
• Consumer Protection (Trade Descriptions) Act 1970
• Consumer Protection Act 1991
• Copyright Act 1991
• Dangerous Goods Act 1928 & 1954
• Disability Discrimination Act 2006
• Estate Agents Act 1975
• Fair Trading Act 1996
• Financial Services Act 2008
• Financial Services (Miscellaneous Amendments) Act 2013
• Markets Act 1736
• Merchandise Marks Act 1955
• Moneylenders Act 1991
• Non-Resident Traders Act 1983
• Performers' Protection Act 1996
• Price Marking Act 1976
• Public Health (Tobacco) Act 2006
• Sale of Goods Act 1983
• Supply of Goods and Services Act 1996
• Shops Act 2000
• Timeshare Act 1996
• Trade Marks Act 1994
• Unsolicited Goods and Services (Isle of Man) Act 1974
• Video Recordings Act 1995
• Weights and Measures Act 1989

We may share your data with third parties, (dependent on purpose) which may include:

• Online registers (OFT website)
• Attorney General’s Chambers
• Law enforcement agencies
• Fraud prevention agencies
• Financial Services Authority
• Financial providers (with express consent)
• Personal creditors (with express consent)

Information obtained from or disclosed by third parties will not be used for any other purposes than those stated in this guide.

The security of your information is very important to us and we take it very seriously. We will:

• Keep your information safe and secure
• Only use and disclose your information as detailed in this guide, where necessary
• Retain the information for no longer than is necessary and your information will be permanently deleted once the timeframes have been reached

You have a right to access your personal data to ensure that it is accurate, and to request that it is rectified, blocked, erased or destroyed if it is inaccurate;

To make any request relating to your data held by us, please contact the Data Protection Officer for the OFT using the details below.

Guidance on making a Data Subject Access Request, when you can request copies of all the Personal Data held about you is available.

If you are not satisfied with the response you receive, you may also complain to the Information Commissioner, whose details can be found on www.inforights.im, or the relevant supervisory authority. You may have a right to other remedies.

You have a right to access your personal data to ensure that it is accurate, and to request that it is rectified, blocked, erased or destroyed if it is inaccurate. 

You can make a subject access request which is a request for all of the personal data we hold about you via the contact details below.

If you are not satisfied with the response you receive from the OFT, you may also complain to the Isle of Man Information Commissioner, whose details can be found at www.inforights.im

Isle of Man Office of Fair Trading
Thie SlieauWhallian,
Foxdale Road,
St John's,
Isle of Man,
IM4 3AS

The OFT Data Protection Officer:

Phone: 01624 686781
Fax: 01624 685851
E-mail: DPO-OFT@gov.im

Isle of Man Freedom of Information Act 2015 ('FOIA')

The Freedom of Information Act 2015 (FOIA) gives Isle of Man residents a legally enforceable right to obtain access to information held by a Public Authority. This is subject to certain exemptions and practical refusal reasons.

Find out more information on the FOIA including how to make a request to us. You can also use this link to view previous requests and their responses.

We are the controller for the personal data you provide to us when making an FOI request to the Isle of Man Office of Fair Trading (OFT).

Legal basis for processing your information

We need your personal information (such as your name and contact details) to process and respond to you about your Freedom of Information request. In some cases, we may ask for proof of identification, and proof of residency, so that we can comply with the FOIA.

We must have a legal basis (a lawful reason) to process your personal data, which is submitted by you when you make a Freedom of Information request. The legal basis for processing your information when you make a request is that it is necessary for us to comply with the law (FOIA), or that it is necessary for us to perform a public task in the public interest. This is set out in Articles 6(1)(c) and (e) of the Schedule to the Data Protection (Application of GDPR) Order 2018 – this legislation is sometimes called 'the Applied GDPR').

Sharing information

FOI requests have to be submitted on a form prescribed by the Chief Executive Officer (Isle of Man Government) in order to be valid and accepted under the FOIA. You can either submit a request using the form online or a paper version, which is available by contacting our Data Protection Officer (see below for contact details).

When we process FOI requests made using the Online Services Portal on the Isle of Man Government website, a system called iCasework is used to process your request. iCasework is provided by a company called Civica UK Limited. iCasework stores information such as:

• Your name and address
• Your telephone and email address
• Your company name, if you are requesting information on behalf of an organisation
• Your request – we do not recommend putting any personal information into your request
• If requested, proof of residency from you

If you are not sure what to include in your request, please contact us on ofticaseworkfoi@gov.im for assistance.

Civica UK Limited act as a Processor on behalf of all the Public Authorities. Civica UK Limited use the information held in iCasework for the purpose of providing a system to manage freedom of information requests and to transfer this information to the relevant public authority. The information you provide to Civica UK Limited will be kept secure and confidential.

Access to your information is limited to authorised staff members within the OFT and the Department of Environment, Food and Agriculture (DEFA), the sponsoring Department of the OFT. The Department of Home Affairs (DHA), through the Office of Cyber Security & Information Assurance (OCSIA), has been contracted by the Public Authorities to manage system access on their behalf. The DHA through OCSIA will only access personal data held on the iCasework system when explicit written instructions are provided by a Public Authority.

If you are unhappy with the response to your Freedom of Information request 

If you have been unhappy with a response we have provided you may complain about your request to the Information Commissioner's Office.

In this case we will need to share information we have sent or received from you with the Information Commissioner's Office so that they can investigate the complaint.

Storing your information

Your personal information will be held in iCasework for 12 months after we have closed your request. If you have requested a review of your request, your personal information will be held in iCasework for 36 months after we have closed your request. After this time, the request will remain on the iCasework system, but all your personal information you provided at the time of the request will be deleted.

Your rights

The Applied GDPR (data protection legislation) provides you as a data subject with some rights to be informed of the processing of your personal data, including the right to access that data and information about the purposes for processing.

This includes a right to correct (rectify) any information a public authority holds, or to restrict it in certain circumstances.

As the public authority is processing your data in order to comply with its legal obligations, certain data protection rights do not apply, including the right to have your data deleted (erasure), transferred to another provider, the right to object to the processing, and be informed about automated decision making. When using the iCasework site or dealing with FOI requests, a Public Authority does not make automated decisions or profile your data.

Data Protection Officer

If you have any questions about how we process your personal information, you can speak to our Data Protection Officer regarding your rights.

Email: DPO-OFT@gov.im

Phone: +44 1624 685854

In writing to: 

Data Protection Officer
Thie Slieau Whallian,
Foxdale Road,
St Johns,
IM4 3AS

Details of rights under the data protection legislation can be found in our general privacy notice.

Additional information 

Isle of Man Government Freedom of Information

Freedom of Information Act 2015 - legislation

Information Commissioner’s Office – Freedom of Information guidance page