It is clear from the IC's guidance that information about public employees
(not just Chief Execs but also staff at all levels) should be made available
unless there's a very good reason not to.
Although much of this employee information could be classed as personal data,
this does not mean that it would not be disclosed.
All public bodies should inform their staff as to its policy on disclosure of
employee information, and allow them to make representations or issue S10
notices. If every member of staff isssued a s10 notice, at least then each
request for data would have to be assessed on its merits.
Not that I am advocating such an approach - you can imagine the employer
getting rather swamped.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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further explanation of any points raised please contact Keep I.T. Legal Ltd at
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Website: www.keepitlegal.co.uk
--------
In a message dated 29/11/04 10:28:14 GMT Standard Time,
[log in to unmask] writes:
> 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?
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