Sun, 27/02/2011 - 14:02 — evamar
What's the legal position on this?
Can an individual's statutory Freedom of Information / Data Protection querying rights be signed away to satisfy a gagging clause within a compromise agreement? The compromise agreement in this instance forms a full and final settlement, compromises all existing and future claims against the employer, and both parties are bound to confidentiality, except for limited circumstances.
http://www.chesterchronicle.co.uk/chester-news/local-chester-news/2011/0...
According to the Information Commissioner, this could contravene the Human Rights Act.
Hi Evamar,
You can read detailed information about making requests for information under the Data Protection Act and Freedom of Information Act on the Information Commissioner's Office website here: http://www.ico.gov.uk/for_the_public/official_information/how_access.aspx
and here: http://www.ico.gov.uk/for_the_public/personal_information/how_manage/acc....
However it doesn't specifiy what to do under the particular circumstances you have mentioned and which are discussed in the newspaper article you have linked to. In this situation it may be wise to seek legal advice.
The Law Donut Team
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