I dealt with a very similar case, and just like Leicester Council did in
this case, I refused to supply the application forms of the candidates
selected for interview for a particular post. My own decision was
partly based on the fact that the post concerned was a very specialist
"niche" type of role, where actually most of the applicants either knew
each other personally or by professional reputation and their
qualifications/experience might well have been enough to identify them
to other applicants.
I also felt (and this doesn't seem to have been covered by the Decision
Notice in LCC's case) that when the applicants sent in their application
forms they could not reasonably be expected to know that their
applications (whether anonymised or not) might be handed over to a 3rd
party in response to an FOI enquiry, and that it would not therefore be
appropriate to do so without either consulting them first (S16 FOI)
and/or obtaining their consent to do so (Sch 2 condition DPA)
Antoinette Carter
Information Policy Adviser, Information Governance
Global Information Systems (GIS)
Tel: (0)20 7389 4016
BCTN: 8 010 4016
Email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of David Wilson
Sent: 14 May 2009 11:36
To: [log in to unmask]
Subject: Re: [data-protection] Interview Notes
ICO Decision Notice
Case Ref: FS50184888
Date: 12/01/2009
Public Authority: Leicester City Council
Summary: The complainant, who worked for the Council, applied for two
internal vacancies, unsuccessfully. He requested some information about
the recruitment process, including copies of the application forms
submitted by the other applicants, suitably redacted as necessary. The
Council refused the request for the application forms, on the grounds
that the exemption at section 40(2) of the Freedom of Information Act
applied.
The Commissioner decided that the exemption at section 40(2) applied in
respect of some of the application form information, but that it did not
justify withholding the information in its entirety. He considered that
some information about applicants? experience and qualifications could
be provided in an anonymised form, without breaching their rights under
the Data Protection Act 1998. The Commissioner directed the Council to
provide this information to the complainant, either by redacting the
application forms so that all information from which a candidate could
be identified was removed or by supplying brief summaries of applicants?
experience and qualifications.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld , FOI 17 -
Complaint Upheld , FOI 40 - Complaint Partly Upheld View PDF of Decision
Notice FS50184888
Many Thanks
David Wilson
Data Protection Officer
01305 225175
"Broom, Doreen" <[log in to unmask]> Sent by: This list is
for those interested in Data Protection issues
<[log in to unmask]>
14/05/2009 11:32
Please respond to
"Broom, Doreen" <[log in to unmask]>
To
[log in to unmask]
cc
Subject
[data-protection] Interview Notes
Hi
I am sure I saw somewhere recently that interview notes could be
disclosed especially of the prson who was successful in obtaining the
post. Can anyone guide me to where I can find that? Have had a look on
ICO's website but can't seem to find it.
Any help greatly appreciated.
Doreen
Doreen Broom
Access to Information Officer
Scottish Borders Council
Corporate Resources - Corporate Administration
Tel: 01835 826516
e-mail: [log in to unmask]
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