HEREFORDSHIRE Council signed a ‘hush agreement’ with a member of its staff during the last financial year, a freedom of information request has revealed.

The council was also asked how much it paid out on the non-disclosure agreement but they refused to say.

NDAs, sometimes known as ‘hush agreements’ or ‘gagging orders’ are parts of contracts, or sometimes standalone contracts, between employees and employers which typically prevent staff and ex-staff making information public.

Information access officers felt that by providing the payout figure former colleagues could guess who it concerns.

“As only one individual received a payment during 2018/19, we consider that the amount that they received constitutes their personal data,” an information access officer said in the response.

“The Data Protection Act 2018 defines personal data as ‘any information relating to an identified or identifiable natural person’.

“This includes an individual who can be identified directly or indirectly from the information.

“Due to the fact there was only one non-disclosure agreement in 2018/19, providing the figure to you would identify the exact amount that was paid to that individual.

“It is possible, for example, former colleagues who worked in the same team could guess the identity of the individual, and, if the amount that individual received was revealed, would know how much they received.

“The council recognises that the public do have a legitimate interest in the information, as it involves public money, reflected in the media attention that non-disclosure agreements receive nationally.

“Where there are sufficient numbers of employees that disclosure can be made without identifying individuals and payments they received, the council has disclosed the information.

“It is necessary, however, under data protection legislation, to balance the legitimate interests in disclosure against the data subjects (i.e. the individual who received the money) interests, fundamental rights and freedoms.

“The reasonable expectation from the settlement of the individual concerned would be that information about the settlement (including the amount paid) would not be revealed.

“This is because the settlement contains clauses relating to the need to keep the contents confidential which are binding to both parties.

“As such disclosure would cause them some distress over the loss of privacy and would breach the confidentiality of the agreement.

“I have therefore concluded that the balance lies on the side of the data subject’s interests and this information is therefore withheld under Section 40(2) of the Freedom of Information Act 2000. Please take this letter as a refusal notice under S17 of the Act for this part of your request.”

The Hereford Times will appeal the response.