Freedom of information request response - 06342
- During each of the last three financial years, ending April 2019, how many non-disclosure agreements did the authority enter into with staff who were leaving the authority?
- During each of the last three financial years, ending April 2019, how much did the authority spend on non-disclosure agreements made with staff leaving the authority? Please provide both a total amount for each year and a breakdown of the amounts of each individual NDA payment made
- For each non-disclosure agreement entered into in the least three financial years, ending April 2019, on what grounds did the authority make the decision that entering into said NDA was necessary?
We confirm that Eden District Council holds the information you have requested.
Section 40 – Personal Information
However we consider that the information relating to your question three (above) is exempt from disclosure under Section 40(2) Personal Information of the Freedom of Information Act 2000 (`the Act’).
This is because the information you have requested constitutes third party personal data, which is information relating to a living individual (other than the requester) who can be identified from that data.
The Data Protection Principles
Under Section 40(2) of the Act, any information to which a request relates is exempt information if disclosing the information would contravene the data protection principles set out in Article 5 of the General Data Protection Regulation (GDPR).
There are six data protection principles under GDPR, the first of which is relevant when considering a request under the Freedom of Information Act. The first data protection principle states:
- ‘Personal data shall be:
- processed lawfully, fairly and in a transparent manner in relation to the data subject (lawfulness, fairness and transparency).’
Question three of your request does not satisfy the first data protection principle, for the following reasons:
- There is no lawful basis for the disclosure of the requested third party personal information. The data subject has not given their consent to the processing. It is not considered that the processing is necessary for the purposes of any legitimate interest pursued by the requester or which can be justified in the public interest. There is no apparent or known public interest in processing the information further at this stage.
- Disclosure of the third party personal information could not be considered to be fair or transparent, as the affected individual/s have not been informed and do not have a reasonable expectation that their information will be processed in this way.
- The release of the data could be prejudicial to the interests of the data subjects, particularly given the relatively small number of non-disclosure agreements involved, which would increase the likelihood of identification.
This response, therefore, acts as a formal partial refusal notice under Section 17 of the Act.