Actual UK Local Authority quotes on the use of FOI / DPA related “gagging clauses”

  • “We do not have any of these. We do not see how someone could by
    a compromise agreement deprive themselves of their statutory rights.”
  • “No staff (past or present) have signed any document purporting to limit
    their statutory rights to information under the Freedom of Information
    Act or Data Protection Act nor would we consider asking them to do so.”
  • “Please note that a compromise agreement bars an individual from making a
    legal claim in exchange for money. This includes claims under the Data
    Protection Act 1998 (I believe S13 would apply), and there is a term
    within our agreements which covers this - but this would not prevent
    anyone from making a subject access request under S7, and this right
    cannot be removed.”
  • “No employees have agreed nor indeed would we even think of requesting
    them to forgo their right to approach the council in the future with
    Freedom of Information and/or DPA Subject Access requests.”
  • “As far as we are aware, none of the compromise agreements we have entered
    into have sought to remove or restrict a person's rights to make FOI or
    subject access requests and we are doubtful a compromise agreement would
    be effective in that respect in any event.”
  • “In answer to your query, there have been no barriers placed in the way
    of any of the individuals concerned in relation to their legal right of
    access to information via any of the information access legislation.”
  • “I am not aware that there are conditions in any of these agreements
    restricting the right of an individual to approach the Council in future
    for information via Freedom of Information and/or Data Protection.
    Indeed I would query whether any such conditions would be binding.”
  • “I have read the 1998 agreement and the two agreements in 2008. In none
    of those agreements is there anything to be found that would restrict
    the right of the individual (at a future date) to access information via
    either Freedom of Information and/or Data Protection. This is as to be
    expected.”
  • “I can confirm that the Council does not ask employees to forego their statutory rights under information rights law. Such rights are not covered by compromise agreement rules.”
  • “I cannot imagine a situation whereby this or any other council would encourage a signatory to a compromise agreement to forgo their statutory rights regarding FOI / DPA furthermore if any authority tried to do this I suspect it would be both unenforceable as an agreement and ultra vires (not within the powers of the council and therefore potentially unlawful). An individual has the right to access their own information via DPA or other information via FOI.”