I agree with Phillip in principle, but the practicalities may be more complex. If the organisation has only published details of senior officers that are the CX and the Corporate Directors and then publishes the names of the senior officers and their salaries in the next tier. There may be a question whether that is fair processing or whether those officers were given the opportunity to opt out. After all, a number of senior civil servants refused to consent to their names being attached to salaries.
I am not sure many people will know someone by their job title but they will know them by name.
Here is the CIPFA guidance link
http://www.cipfa.org.uk/pt/pt_details_l.cfm?news_id=60860
LAAP 85 - Senior Officer Remuneration
The Local Authority Accounting Panel is issuing this bulletin to provide guidance to local authorities in England and Wales on the disclosure requirements for senior officer remuneration. These requirements, which are included in the Accounts and Audit Regulations, were recently amended with effect from 31 March 2010.
The key passage is the following:
Meaning of Senior Employee
29 A senior employee (England & Wales) is an employee whose salary is more than £150,000 per year, or one whose salary is at least £50,000 (England); £60,000 (Wales) per year (to be calculated pro rata for a part-time employee) and who is:
a) the designated head of paid service, a statutory chief officer or a non-statutory chief officer of a relevant body, as defined under the Local Government and Housing Act 1989
b) the head of staff for a relevant body which does not have a designated head of paid service; or
c) any person having responsibility for the management of the relevant body, to the extent that the person has power to direct or control the major activities of the body, in particular activities involving the expenditure of money, whether solely or collectively with other persons.
Senior employees are typically an authority‟s Chief Executive (or equivalent), their direct reports (other than administration staff), statutory chief officers and potentially any employee that the authority considers having responsibilities and powers indicated in c) above.
Annex A gives three examples of how that information can be provided.
Best,
Lawrence
Principal Information Management Officer
Durham County Council
Room 4/140
County Hall
County Durham
DH1 5UF
0191-372-8371
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 13 January 2011 10:48
To: [log in to unmask]
Subject: Re: [data-protection] Release of personal data
Steve
I think you are spot on. It is personal data, but if the regulator feels it does not breach the dp principles, frankly I have more significant problems to consider. As long as you cover fair processing then there can be no real argument.
Phillip Bradshaw
Information Manager
Democratic Services
Room CY5C, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Content Management
Online Collaboration
Cut cost, and not trees....
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Cotterill, Steve
Sent: 13 January 2011 10:06
To: [log in to unmask]
Subject: Re: [data-protection] Release of personal data
Thanks for your response.
I was more thinking along the lines of just because two items may be in the public domain, is it right from a DPA perspective to decide to link them together and publish them? ie,
1) Job titles and salaries for senior officers £50k - £150K are to be published by law.
2) Names of the Senior Officers are likely to be released to an FOI request.
Link these together and you are able publish the name and salary detail. This seems to be the ICO guidance in response to the 'senior salary transparency guidance'. Are there any issues you would look at from a data protection perspective apart fair processing notice etc?
Cheers
Steve
______________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
Resources Directorate
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lynn Wyeth
Sent: 13 January 2011 09:19
To: [log in to unmask]
Subject: [data-protection] Release of personal data
It's not being published under the new Gvt's transparency agenda though is it Steve, it's the law under Regulation 4 of the Accounts and Audit (Amendment Number 2) (England) Regulations 2009 (SI 2009 No. 3322) which introduced a legal requirement for reporting remuneration of senior employees.
As I understand it we have to publish the following:
individual data on all senior employees earning more than £150,000 by job title and name individual data on all senior employees earnings between £50,000 and £150,000 by job title only banded data on all other employees earning over £50,000.
The ICO guidance quoted in those articles fails to acknowledge that this requirement is now in place, but that could be selective cutting and pasting on behalf of that website. I'm sure if you asked the ICO they would quote the Accounts and Audit (Amendment Number 2) (England) Regulations at you to say you have to release those names over £150k now.
We are already publishing names of those earning above £150k as required by this law. p47 of http://www.leicester.gov.uk/accounts/Draft%20Statement%20of%20Accounts%202009-10.pdf
Lynn
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