Copies of invoices and documents regarding accommodation for Danny Kruger, MP

I can confirm that we hold information relevant to your request and copies of documents accompany this letter.

1. Accommodation – Rent 2020/2021

IPSA makes a direct payment to the landlord for the rent on behalf of the MP on the basis of the signed tenancy agreements for each property. This means that we only receive copies of invoices at the start and end of a tenancy. We do not hold any copies of any correspondence between the MP and the landlords. The two relevant documents are ‘Correspondence1’ and ‘Correspondence2’ and have been attached to the email accompanying this letter.

2. Accommodation – Utilities 2020/2021

There are six documents with the claim number in the title. IPSA does not hold copies of any correspondence between the MP and the supplier. Copies have been attached to the email accompanying this letter. Information about the address of the property has been withheld under FOIA s.38, ‘Health and safety’, but we can confirm that it meets the eligibility criteria for constituency accommodation set out in chapter 4 of The Scheme of MPs’ Staffing and Business Costs.

Some information has been redacted and is subject to a Refusal Notice under sections 31, 38 and 40 of the FOIA and in accordance with Section C of IPSA’s Publication Policy.

Section 31(1)(a) – law enforcement

This exemption applies where the disclosure of information would or would be likely to prejudice the prevention of crime. IPSA relies on this exemption to withhold the banking details of third parties and suppliers and other transactional references. IPSA believes that the disclosure of these details could leave those concerned more vulnerable to financial crime, in particular fraud and electronic crime, especially with the increase in cyber attacks.

This exemption is subject to a public interest test. IPSA does not consider that the withholding of this information has a negative impact on the understanding of these claims.

We, therefore, find that the public interest in withholding this information outweighs the public interest in disclosure at this time.

Section 38(1)(b) – health and safety

This exemption applies where 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 rental accommodation. IPSA maintains that the disclosure of this information carries a high risk of endangering the MP, their family members and any dependents.

IPSA understands how disclosure would enable the public to understand the nature of the property for which the utility bills are being submitted, however in considering disclosure we also have to consider our duty of care to MPs, their family members and any dependents.

Since 2017 there has been an increase in media reporting on the threats made to MPs and their staff. MPs and their staff continue to operate in an environment in which they receive threats and, in some cases, actual attacks. Although not all reports relate to physical attacks on MPs and their staff, the fear which can be felt from receiving a threat can be mentally and physically damaging. Disclosure of details such as the address of a rental property would put the MP, their staff, visitors and family at risk.

MPs and their staff have difficult jobs, and IPSA is aware that the decision to disclose certain categories of information could make it more difficult for them to fulfil these. This would have a knock-on effect on those whom MPs and their staff try to help. IPSA, therefore, maintains that the public interest in withholding this information outweighs the public interest in disclosure at this time.

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

This exemption applies to information which 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: banking and financial information of third parties; personal information relating to third parties’ staff members; the personal home address of 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.