Non-disclosure agreements in CYPES (FOI)

​Request

1. From October 2021 until October 2024 how many non-disclosures agreements were made by CYPES?

2. How much was paid from October 2021 until October 2024 in non-disclosure and other agreements to leave or not speak about CYPES employment?

3. of the agreements in 2 - how many were made with women and how many with men?

4. From October 2021 until October 2024 how many new senior staff at grade 12 or above were appointed new to role, changed roles or promoted at CYPES ? What additional cost was this to CYPES?

5. How many of the new appointments in 4 were external advertised new appointments and how many internal staff changes at CYPES.?

Response

1. 

Confidentiality agreements or non-disclosure agreements (NDAs) may be signed for several different reasons, including: 

• prior to, or as part of, a commercial arrangement at or for the benefit of the organisation 
• arrangements with external investigators 
• due to certain staff members undertaking certain sensitive work; and   
• in settlement arrangements. 

​There were 15 settlement agreements in CYPES from 2021 – 2023.    

2024 data will not be ready until the publication of the 2024 Annual Report and Accounts (due in May 2025) – Article 3 of the Freedom of Information (Jersey) Law 2011 applies to this information.  

2. 

The total amount paid for the 15 settlement agreements as outlined in Question 1 was £346,369.99.  

3

Fewer than five were male. Disclosure control has been applied to protect the identity of individuals in accordance with Article 25 of the Freedom of Information (Jersey) Law 2011. 

4. 

The information requested for changed roles or promoted roles is not available centrally and it is estimated that to identify and extract the data requested from the records available would exceed the timescales prescribed in the Freedom of Information (Costs) (Jersey) Regulations 2014. Article 16 of the Freedom of Information (Jersey) Law 2011 has therefore been applied. 

There were 40 external new-to-role joiners at grade 12 or above starting between October 2021 until October 2024.   

5. 

All roles for the 40 external joiners of grade 12 or above were advertised externally. 

Articles applied 

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a pub​​lic authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

Article 16 - A scheduled public authority may refuse to supply information if cost excessive

(1) A scheduled public authority that has been requested to supply information may refuse to supply the information if it estimates that the cost of doing so would exceed an amount determined in the manner prescribed by Regulations. 

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.​