Disclosure Log

Non-Disclosure Agreements (FOI/4530)

Message from Nottinghamshire County Council - 09 August 2024

Dear *****

Freedom of Information Request – Ref: FOI/00004530

Thank you for your email of 12 July 2024 where you requested information about non-disclosure agreements.

The information which can be disclosed is that during the last 3 years:
 
  1. Has the Council asked a member of staff to sign a Non-Disclosure Agreement (NDA) - No
  2. Has the Council asked a individual who is not a member of staff in the last three years to sign a Non-Disclosure Agreement (NDA) – Yes, these relate to commercial discussions with third parties.
  1. How many members of staff have signed NDAs – n/a

The remainder of the information that you requested is exempt under section 42 (legal professional privilege) of the Freedom of Information Act 2000 and is therefore withheld.  This applies to the answer to:
 
  1. Please can you attach a copy of any NDA’s used.

I have considered the following public interest arguments in favour of releasing the requested information:
 
  • To allow scrutiny of commercial discussions with third parties.
  • For the council to be open, transparent and accountable in our commercial discussions.

I have considered the following public interest arguments against releasing the requested information:
 
  • The council should be able to obtain full, frank legal advice from its advisors in confidence.  In this case the drafted non-disclosure agreements relating to commercial discussions with third parties.
  • Legal professional privilege allows the council to access fully informed, realistic and frank legal advice.
  • If our legal advisor is unable to provide comprehensive legal advice for fear of disclosure, the quality of decision making is likely to be adversely affected.

Having considered the public interest, the Council’s decision is therefore to withhold the information.

Your privacy: we use your personal information such as name and address so that we can comply with our legal obligations to respond to FOI requests.  For further details about the use of information about you, please see the information handling privacy notice on our website at https://www.nottinghamshire.gov.uk/media/4323566/informationgovernanceandinformationrightsprivacynotice.pdf.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review.  Internal review requests should be submitted within 40 working days of the date of receipt of the response to your original request and should be addressed to: Complaints and Information – Team Manager, Nottinghamshire County Council, County Hall, Loughborough Road, West Bridgford, NOTTINGHAM, NG2 7QP or [email protected].

Please remember to quote the reference number above in any future communications. 

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision.  The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, WILMSLOW, SK9 5AF or https://ico.org.uk/make-a-complaint/foi-and-eir-complaints/.

Yours sincerely

Colin Sawers
Information Case Officer | Customers, Complaints and Information
Chief Executive"s Department | Nottinghamshire County Council
County Hall | Loughborough Road | West Bridgford | NOTTINGHAM | NG2 7QP
Tel: (0115) 977 3714