Report Summary
This report provides members of the Legal Committee with an overview of Non-Disclosure Agreements Annual Report.
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Meeting
The publication discussed was referenced in the meeting below
Legal Committee - 8 August 2024
Date : 08 August 2024
Location : Online
Background
Police Scotland’s use of Non-Disclosure Agreements has been the subject of scrutiny and criticism in the past. Accordingly, Police Scotland’s use of NDAs had been the subject of reports and discussion at the SPA Legal Committee throughout 2022. The SPA Legal Committee wished to be assured that Police Scotland’s use of NDAs was not routine, they were used for good legal reasons and they did not contravene the ACAS guidance on their use.
DCC Taylor introduced further governance as to the use of NDAs by instructing that a report be laid before Police Scotland’s People & Professionalism (Closed) Board so that she might be provided with details on the number of such agreements and relevant information as to why they were used.
The term “Non-Disclosure Agreement” or “NDA” has been used to include Confidentiality Agreements or COT-3 Agreements.
The SPA Legal Committee were satisfied that NDAs were not being routinely used and where they were being used there were legitimate reasons for doing so. They asked that an annual report on their use be brought to the Committee and this report is the annual report covering the period July 2023 – June 2024.
