The complainant requested the salary details (or those details in pounds 5k bands) for several senior managers at the BBC. The BBC considered that this information was exempt by virtue of section 40(2) [third party personal data]. The Commissioner’s decision is that the BBC was correct to withhold this information under section 40(2). The complainant also requested a list of hospitality expenses of those individuals. The BBC provided a partial list, but explained that the residue that related to programme making were covered by the derogation and excluded by the Act. The Commissioner’s decision is that this information was held by the BBC genuinely for the purposes of ‘journalism, art or literature’ and did not fall inside the Act. However, the Commissioner has found that in relation to the request for salary details the BBC breached sections 10(1) and 17(1) of the Act because it did not issue its refusal notice in 20 working days. The Commissioner orders no remedial steps to be taken.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 40 – Complaint Not upheld
Citations:
[2011] UKICO FS50363389
Links:
Jurisdiction:
England and Wales
Information
Updated: 25 May 2022; Ref: scu.530799
