Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')
As you may be aware the purpose of the Act is to allow a general right of access to information held at the time of a request, by a Public Authority (including the Police), subject to certain limitations and exemptions.
You asked:
1. In 2020, 2021 & 2022 how many Non Disclosure Agreements (Confidentiality Agreements, Compromise Agreements and COT3 agreements have been made in relation to employment related cases (Employment Tribunals, Employment Actions and Employers Liability) between your police force and your Police Officers/Police Staff (including PCSOs)
2. Of these requests referenced in Q1, how much in total did it cost your police force?
Note: please could we have the information broken down for each year, so 2020 total number, 2021, total number, 2022, total number?
In Response:
Following receipt of your request, searches were conducted with the Legal and People Services Department of Northumbria Police. I can confirm that the information you have requested is held in part by Northumbria Police, however will not be disclosed as the following exemptions have been considered as applicable.
Section 40 (2) - Personal Information
Section 44(1) Prohibitions on Disclosure
Section 40 (2) is a class based absolute exemption and there is no requirement to consider the public interest in disclosure. That being said where Section 40(2) is engaged in order to make the exemption absolute there needs to be evidence that a data protection principle would be breached by disclosure. In this case it would not be fair to process information which, we believe by providing all the information you have requested, could lead to the identification of an individual. Therefore the first principle of the Data Protection Act would be breached.
Section 44 is also a class based absolute exemption and there is no requirement to articulate to the applicant the harm in disclosure or the findings of a public interest test.
