Ian,
In another context, S70(1) of FOIA (amendment to DPA S33A(2)) clearly considers pay as personal data. As such the S40 exemption would presumably apply to details of pay. The spirit of the legislation as opposed to the spirit of freedom of information therefore seems to be not to disclose.
As there does not seem to be a legal imperative to disclose can it be argued that the processing i.e. disclosure of pay details, is necessary?
Colin Atkinson
Data Protection Officer
University of Leicester
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of [log in to unmask]
Sent: 30 November 2004 08:59
To: [log in to unmask]
Subject: Salaries - Personal Information under FOI?
Good points well made David. I wonder how many employees in the public
sector are aware that their payroll data is likely to become public information?
The Principles of the DPA would have to be applied, so presumably they will be
told of the likely disclosures sometime before 01 January 2005. I would
imagine also that it will become a contract term eventually.
Oh, and by the way, it won't just be payroll data either, it will be any
information which relates to your job (as opposed to your private life).
Expenses, relocation allowances, work duties, car loans, absences and so on spring to
mind.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
---------
In a message dated 30/11/04 08:37:28 GMT Standard Time,
[log in to unmask] writes:
> So a clear choice here for individuals when seeking employment. More
> question to raise of your prospective employers regards privacy of your
> renumeration details than required of those seekin employment in the private
> sector
> Wonder if the point will ever be used as a marketing approach by company HR
> depts in their recruitment drives in seeking employees. They would of course
> have to ensure their policies and related security procedures are up to
> standard.
>
> Presumably security depts in Public Sector organisations can have less
> disclosures to worry about as long as their policies are properly designed
> to support disclosures. For all employers there used to be a default of
> strict duty of confidentiality of information held on employees such as
> renumeration. Comments here or the way comments are being interpreted imply
> this is changing in Public Sector because of the FOI?.
>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|