Copy of claim for Kelly Tolhurst, MP

I can confirm that we hold information relevant to your request and a copy of the relevant document accompanies this letter. Some information has been redacted because it is subject to a Refusal Notice under sections 31 and 40 of the FOIA.

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 transactional references relating to the payment of this claim. IPSA believes 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.

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:

• name of the staff member of the supplier

• name of MP staff member

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.