Request for copy of tenancy agreement for Pauline Latham, MP

I can confirm that we hold information relevant to your request. Please find accompanying this email two documents relating to this lease.

Some information has been redacted and is subject to a Refusal Notice under sections 38 and 40 of the FOIA and in accordance with Section C of IPSA’s Publication Policy

Section 38(1)(b) – health and safety

This exemption applies where the disclosure of information would or would be likely to endanger the safety of any individual. IPSA relies on this exemption to withhold the address of the property. This exemption is concerned with the likelihood that disclosure of the information would endanger the personal safety of an individual. IPSA maintains that, if the address of the property was disclosed, then there is a high likelihood of risk to the safety of the MP and their staff. Section 38 is a qualified exemption and is therefore subject to a public interest test. IPSA believes that the safety of MPs and their staff is of the utmost importance and that withholding the exact address does not reduce the ability to understand the information about the lease.

IPSA therefore finds that the public interest in withholding this information outweighs the public interest in disclosure.

We are able to tell you that the property in question is situated in Derby.

Sections 40(2) and 40(3A)(a) - personal data

This exemption applies to information with IPSA considers to be personal data within the meaning of Article 4(1) of the UK General Data Protection Regulation 2016 (UK GDPR) which states:

‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly

IPSA considered that the following are personal data within this definition: the name of the individuals from whom the property is rented; the signatures of those individuals and the MP. We then considered whether disclosure of this personal data would breach any of the Principles relating to the processing of personal data in the UK GDPR.

The relevant principle falls at Article 5(1)(a):

Personal data shall be:

a. Processed lawfully, fairly and in a transparent manner in relation to the data subject

As IPSA was unable to find a lawful basis on which it could rely, within Article 6 of the UK GDPR, it therefore finds that the information is exempt under section 40.