John Walker
Via email: [FOI #12821 email]
17 June 2009
Dear Mr Walker,
Freedom of Information request – RFI20090826
Thank you for your request of 4 June under the Freedom of Information Act 2000 seeking the following
information:
“Please supply details of the pay and expenses for 2008 for the following BBC presenters:
Jonathan Ross Terry Wogan Jools Holland Eamonn Holmes John Pienaar”
The BBC will not be providing you with the information you requested as we consider that it is not
covered by the Freedom of Information Act 2000 (“the Act”); further, even if the information was covered
by the Act, it would be exempt from disclosure under section 40(2) of the Act because disclosure would
breach the first Data Protection principle.
Scope of the Act
The BBC and the other public service broadcasters are covered by the Act only in respect of information
held for purposes “other than those of journalism, art or literature” (see Schedule I, Part VI of the Act).
This means that the BBC is not obliged to supply information held for the purposes of creating output or
which is closely associated with such creative activities. The BBC considers that this includes information
about the costs involved in creating its output, including fees paid to talent and any expenses incurred by
them.1
1 For more information about how the Act applies to the BBC please see www.bbc.co.uk/foi Please note that this guidance is not
intended to be a comprehensive legal interpretation of how the Act applies to the BBC.
Recent decision of the Information Commissioner
The BBC notes the recent decision notice of the Information Commissioner (ref. FS50085710): in that case
the Commissioner considered that payments (including expenses) made to talent did fall within the scope
of the Act. However, the Commissioner decided that the information was exempt from disclosure under
section 40(2) of the Act as he felt that the payment information constituted personal data and that its
disclosure would breach the first data protection principle in the Data Protection Act, being ‘fair and lawful
processing’. The Commissioner considered that the individuals in that case had a reasonable expectation
that their personal data would not be disclosed and it would therefore be unfair to do so.
The BBC’s approach to this case
The BBC does not agree with the Commissioner’s decision on the scope of the Act and reserves its
position on the matter; however, the BBC considers that in the event of a similar finding by the
Commissioner in this case, the information you have requested would also be exempt under the Act under
section 40(2) as the information constitutes personal data and disclosure would breach the First Principle
(fair and lawful processing). Futhermore, the expenses claimed by these individuals do not relate to the
performance of a public function which involves spending public money or taking influential policy decisions.
The individuals involved would not expect the type of information requested to be disclosed to third
parties, and therefore to do so would be unfair.
You may be interested in the Information Commissioner’s Office guidance on the disclosure of information
about salaries here:
http://www.ico.gov.uk/upload/documents/library/freedom_of_information/practical_application/salaries_v1.p
df
Appeal Rights
The BBC does not offer an internal review when the information requested is not covered by the Act.
However, if you are not satisfied with our response, you do have the right to appeal to the Information
Commissioner. The contact details are: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF, telephone 01625 545 700 or see www.informationcommissioner.gov.uk In
the event of a finding by the Information Commissioner that the Act does apply in this case, should you
then wish, the BBC is prepared to undertake an internal review of our decision on the application of
section 40 (personal information) to the information you have requested.
Yours sincerely
Rachael Ward
Adviser, Information Policy & Compliance
