Number of complaints made against IPSA staff

Request

I wish to request the following information under the Freedom of Information Act:

For the calendar year 2018 only:

1) All correspondence relating to official complaints against IPSA staff.

2) The outcome of the complaints against IPSA staff.

3) What action was taken as a result of the complaints.


Response

IPSA holds the information that you request.

I will respond to each of your questions in turn:

1) All correspondence relating to official complaints against IPSA staff.

IPSA received one complaint about a member of staff, and in particular about their tone of voice during a difficult phone conversation. We are unable to provide you with copies of correspondence as this information is considered to be exempt in accordance with s.40 (Personal Information).

2) The outcome of the complaints against IPSA staff.

The complaint was not upheld.

3) What action was taken as a result of the complaints.

No action was taken.

Section 40

Information relating to an identified or identifiable natural person is ‘personal data’, as defined by the General Data Protection Principle (GDPR).

Section 40(2) of the FOIA provides that personal information is exempt information if:

(a) it constitutes personal data; and

(b) the condition set out in s. 40(3A)(a) of FOIA is satisfied, namely that disclosure to a member of the public would contravene any of the data protection principles in the GDPR.

In our view (a) is satisfied because the information sought by you relates to a member of IPSA staff, and (b) is also satisfied because disclosure would breach the first data protection principle in Article 5(1)(a) of the GDPR which requires that personal information is processed fairly, lawfully and in a transparent manner; processing includes disclosure. In relation to fairness, IPSA is required to process personal data in a manner in which people, including employees of the organisation, would reasonably expect. Our employees have an expectation of privacy in relation to details of their employment. The information you have requested relates to an employee’s performance, which means it would be unfair to disclose this information to you.

This part of the section 40 exemption is an absolute exemption and so no consideration of public interest arguments for and against disclosure is required.

This concludes our response to your request.

Ref:
CAS-130785
Disclosure:
January 17, 2019
Categories:
IPSA - STAFF
Exemptions Applied:
Section 40