Decision details

Variation of Data Protection liability levels in Corporate Contract with Serco Limited - JUN19/CMDN/20

Decision Maker: Cabinet Member for Digital Services and Transformation

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

Appendix 1 is exempt as the information contains commercial terms proposed and under negotiation between the Council and Serco Limited (reference paragraph 3 of Schedule 12 A of the Local Government Act 1972) and a background context which is commercially sensitive to the contractor.

 

The public interest test has been applied to the information contained within the exempt annex and it is considered that the need to retain the information as exempt outweighs the public interest in disclosing it because to do so could compromise the Council’s and the Contractor’s position in negotiating future contracts.

 

The Cabinet Member:

 

1.    Approved the new contractual terms provisionally negotiated between Peterborough City Council and Serco Limited in relation the respective parties’ liabilities under new data protection legislation (the General Data Protection Regulation 2016/679 and the Data Protection Act 2018).

 

2.    Amended the corporate services agreement between the Council and Serco Ltd to incorporate the new terms.

 

Reasons for the decision:

The current proposals are considered both a commercial and reasonable response to the new responsibilities each party bear under the data protection legislation as well as fair, as part of the terms of the context of the Notice of Change bringing the PSP Agreement into compliance with the new data protection legislation.  They have been evaluated and approved by the Council’s Insurance Manager.

Alternative options considered:

Do Nothing: not approving the revised liability levels could further delay this and render the parties respective liability levels less favourable to the other and result in a cost to the Council if it is unable to recover damages from Serco in the event of a data breach or breach of the new legislation.

Interests and Nature of Interests Declared:

None.

Background Documents:

Services Agreement (In Respect of Various Services) between Peterborough City Council and Serco Limited of 25th November 2011.

Publication date: 26/06/2019

Date of decision: 26/06/2019

Effective from: 02/07/2019

Accompanying Documents: