The complainant requested six years of information from the public authority concerning the gender and wages (separating out bonuses paid) of each member of six job classes. The public authority stated that it believed that the information was exempt by virtue of section 43(2) (prejudice to its commercial interests). Three internal reviews were conducted and each refused to disclose the information on the same basis. The case was referred to the Commissioner and the public authority explained that it was unable to provide the withheld information within the costs limits and therefore it could also refuse the request through the section 12(1) exclusion. It also explained that it was relying on section 40(2) (third party personal data) and section 42(1) (legal professional privilege). The Commissioner considered the case carefully and finds that some information was the complainant’s personal data and should have been considered under the Data Protection Act 1998. This information has now been provided to the complainant. For the remaining information, he has determined that section 12(1) has been applied correctly. He has decided that further advice and assistance was required and that the public authority breached section 16(1). He has also found procedural breaches of section 10(1) and section 17(5). He requires the public authority to contact the complainant and discuss how her request can be narrowed down to come within the costs limit.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 12 – Complaint Not upheld, FOI 16 – Complaint Upheld, FOI 17 – Complaint Upheld
Citations:
[2011] UKICO FS50276227
Links:
Jurisdiction:
England and Wales
Information
Updated: 02 May 2022; Ref: scu.530263
