I would say you are obliged to stipulate the pay banding, ie. the salary
range they might earn in the post. That is not personal data as it
relates to the post and not the person.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Cotterill Steve
Sent: 29 November 2004 10:21
To: [log in to unmask]
Subject: [data-protection] Salaries - Personal Information under FOI?
Hi all,
I am currently getting very confused with trying to understand the
request for third party information under Section 40 of the FOI Act.
As from January 1st 2005 I am likely to receive a request under FOI
wanting to know the Chief Executive's salary. This would request would
be processed FOI but the Data Protection rules will apply.
The easy answer is to say salary details are personal information and
not disclose, but I do not believe this is in the spirit of the FOI Act.
I could ask the Chief Executive if I can disclose this information (not
sure what response I will get) and a Section 10 notice and thus a Public
Interest Test only applies if not Data Protection Principles are not
broken to start with.
Is this clear? Has anyone else thought on how they would deal with such
requests next year?
Any thoughts on this would be greatly appreciated.
Steve
________________________________________________________________________
_______________________________________________________
Stephen Cotterill
Procurement & Technical Officer
Audit & Control
Financial Planning
Directorate of Finance,
Broxtowe Borough Council,
Council Offices,
Foster Avenue, Beeston,
Nottingham, NG9 1AB
Tel: 0115 9173296
Fax: 0115 9173577
E-Mail: <mailto:[log in to unmask]>
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