Conditional contract of sale of Newby Wiske Hall (FOI 1052.2019-20)
1. The amount of any deposit paid to PGL Travel Ltd (“PGL”) for the conditional purchase of Newby Wiske Hall and whether and under what circumstances the deposit of any part of it would be refundable.
2. Whether the contract contained any ‘long-stop’ date or other clause allowing either party to withdraw from the sale and under what circumstances such a clause would become valid.
3. Our request made on the 13 February 2020, [reiterated in the 14 April 2020 request for an internal review] to be provided with a copy of the conditional contract of sale.
We are now able to provide you with a copy of the contract for sale which includes the details you request so hope this satisfies the matter of the FOI.
There are four minor redactions in the document, exempted pursuant to Section 40 (2) – Personal Information which is explained below:
Section 40 – Personal Information
Section 40(2) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair. (DPA 2018 35(1), UKGDPR Article 5(1))
This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.
As such redactions have been applied to the document to protect the personal information of third parties.
In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure.
Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights
Pursuant to Section 17(1) of the Act this letter acts as a refusal notice under the Freedom of Information Act 2000 in relation to your request.Last modified: June 21, 2021 [application/pdf]