Where there are two apparently conflicting items of legislation the use of
simple logic fails to apply. Fortunately our regulator wears both hats and
a question to his office should bear (eventual) fruit.
Is it sufficient under FOI to divulge the pay SCALE rather than the point in
the scale where anyone sits?
Is the actual pay divulged anyway in public domain documents?
The answers to these questions will give you a pointer about how to act
pending an authoritative answer
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Cotterill Steve
Sent: Monday, November 29, 2004 10:21 AM
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]>
[log in to unmask]
Website: <http://www.broxtowe.gov.uk/> www.broxtowe.gov.uk
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