Please can you let me have under the FOI act the following:
- E-mails, Letters or transcripts of communication Edward Garnier MP and IPSA for May 2010 which relate to his rental of a property in the Harborough Constituency. These include communications with Sir Ian Kennedy, the CEO, Information people or any other member of staff. In particular his disappointment with the scheme being unable to sustain his ‘Rented Country Hall’.
I can confirm that IPSA holds the information that falls within the description specified in your request.
However, we are withholding that information since we consider that the exemptions under section 40(2) and section 41 of the Freedom of Information Act 2000 apply to it.
Section 40(2) applies because the information constitutes personal data and the disclosure would contravene the First Data Protection Principle, which requires that personal data shall be processed fairly and lawfully. In IPSA's opinion, the fairness and lawfulness requirements of the principle would be breached by the disclosure. In the circumstances, section 40 confers an absolute exemption and therefore there is no public interest to apply.
Section 41 applies to the information obtained by IPSA from a third party and not generated by IPSA itself. That information was provided to IPSA in circumstances which created an expectation of confidentiality. In the circumstances, as IPSA considers that section 41 applies and as it is an absolute exemption, there is no further requirement to consider the public interest.