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?.
David Wyatt
----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, November 29, 2004 11:46 AM
Subject: Re: [data-protection] Salaries - Personal Information under FOI?
> 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
> 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:
>
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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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