Asbestos claims including compensation
Freedom of information request reference no: 01.FOI.24.039270
I note you seek access to the following information:
- The total number of asbestos claims broken down by either calendar or reporting year from 2015 onwards please.
- And the total amount of compensation paid out in each year.
Decision
I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:
Section 40(2)(a)(b) – Personal Information
Reason for decision
Section 40(2)&(3) - Personal Information - of the Act provides that any information to which a request for information relates, is exempt information if the first condition of Section 40(3A)(a) is satisfied. The first condition of Section 40(3A)(a) states that personal information is exempt if its disclosure would contravene any of the data protection principles. If the disclosure of the requested personal data would not contravene the data protection principles, the disclosure must also not contravene Sections 3A(b) and 3B of the Act.
There are six principles that are set out in Article 5(1)(a) of the General Data Protection Regulations (GDPR) that dictate when the processing of personal data is lawful. The first principle requires that any processing of personal data must be lawful, fair and transparent. Under Article 6(1)(f) of the GDPR, the disclosure of personal data is considered to be lawful if:
a. There is a legitimate interest in the disclosure of that personal data.
b. The disclosure of the personal data is necessary to meet that legitimate interest.
c. The disclosure would not cause unwarranted harm to the data subject.
Having considered the release of information relating to the total amount of compensation paid out in each year I have found, having considered the legitimate interest test, that:
a) The disclosure of this information would satisfy an identifiable legitimate interest, this being to provide information that will show transparency and accountability.
b) The disclosure of the requested data which could lead to identification is not necessary to satisfy the legitimate interests identified at point a. I believe the data provided in question 2 above meets the legitimate interests as identified in point a.
c) I have exempted the total amount of compensation paid out in each year, as to provide this information would amount to disclosing personal information as, in combination with information already in the public domain, this could lead to the identification of the individuals to whom the payments were made. Publication of this information would be likely to lead to unwanted and unsolicited intrusion. In this regard, I believe that disclosure of this personal data would be likely to cause unwarranted harm.
The provision to refuse access to information under Section 40(2)(a)(b) and (3A)(a) of the Act is both absolute and class based. When this exemption is claimed, it is accepted that harm would result from disclosure. There is accordingly no requirement to demonstrate what that harm may be in refusing access to information.
Disclosure
Q1 - The total number of asbestos claims broken down by either calendar or reporting year from 2015 onwards please.
There have been six Employers Liability threatened action cases and three Employers Liability civil action cases, with the sub-category of mesothelioma, registered since 1 January 2015.
Q2 - And the total amount of compensation paid out in each year
£955,010.00 in total has been paid by way of Settlement Payments (compensation paid) during the period 1 January 2015 to date.
I am unable to break this down into yearly figures as to do this would lead to the identification of individuals who have received settlements.