wages

Janis V made this Freedom of Information request to Camden Borough Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Camden Borough Council.

I would like to know the following information, regarding every person directly employed by Camden Council in 2009:

1. Their position title
2. How much they received in payment for their work every month in total
3. If possible, how much of the total pay of each month was due to overtime, and how much was in the form of bonuses
4. How many hours they worked, for every month
5. Whether they are male or female.

Please include people who are unpaid.

Yours faithfully,

Janis V

HRMI, Camden Borough Council

Dear Ms V

Your request has been received and a reference number has been allocated
of 6615400.

Please note that we are only able to provide data for question 1 (post
titles) of your below request, the remaining questions requests can not be
provided due to the following disclosure exemption:

Section 40(2): Personal information

Section 40(2) and (3) provides that personal data about third parties is
exempt information if disclosure would breach any of the data protection
principles. This generally means that the Council is required to balance
the public interest in disclosure against the interests of the individual
under the first principle of the DPA. The most relevant principle is the
first principle which states that personal data shall be processed fairly
and lawfully and in particular shall not be processed unless at least one
of a number of conditions set out in the Act is met. One of the conditions
requires the consent of the data subject to disclose information to third
parties and another specifies that there should be no disclosure unless
such is necessary for the legitimate interests of the Council or third
party seeking the information.

In accordance with the Freedom of Information Act 2000 this letter acts as
a partial Public Interest Refusal Notice.

Please confirm if you wish me to provide job titles of those staff paid in
2009 and if you have any queries.

Kind Regards

Jon Cranfield
Management Information Specialist
Camden - Human Resources
Organisation Development
London Borough of Camden

Telephone: 020 7974 5212
Fax: 020 7974 6980
Web: [1]camden.gov.uk

3rd Floor
Town Hall Extension (Human Resources)
Argyle Street
London WC1H 8NP

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Is this a Refusal Notice?

Yes I would like the job titles, thank you.

HRMI, Camden Borough Council

2 Attachments

Dear Ms V

Please find attached the response to your Freedom of Information Request

Kind Regards

Jon Cranfield
Management Information Specialist
Camden - Human Resources
Organisation Development
London Borough of Camden

Telephone: 020 7974 5212
Fax: 020 7974 6980
Web: camden.gov.uk
3rd Floor
Town Hall Extension (Human Resources)
Argyle Street
London WC1H 8NP

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Dear Camden Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Camden Borough Council's handling of my FOI request 'wages'.

1. I was only provided with a list of job titles, because

"Section 40(2) and (3) provides that personal data about third parties is
exempt information if disclosure would breach any of the data protection
principles. "

In the Data Protection Act 1998, the Data Protection Principles are concerned with 'personal data'. In section 1(1) of the DPA 98, personal data is defined as

“personal data” means data which relate to a living individual who can be identified—
(a)from those data, or
(b)from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual;

2. You have failed to demonstrate that the data I requested was indeed personal data. The data controller in this case would be Mr. Cranfield. He would not be able(NOT likely) to identify, as in the DPA definition of personal data, the person on the list, just by looking at any other information Irequest ( pay, gender etc). So we must ask whether he would be able to identify someone on the list I am requesting, by those data and other information which is in the possession of, or is likely to come into the possession of Mr. Cranfield. You have failed to demonstrate that that is the case.

3. I believe that the partial disclosure of information could and should have included the following additional information, which would not make the data 'personal data': pay per annum and gender, or either one.

4. Now consider the following scenario: There are 10 LB Camden employees. They all have the same title, and hence same pay (p.a.), but half are male and the other half female.

5. Assuming Mr. Cranfield has access to or is likely to have access to a list of all LB Camden employees with their names, wages, gender etc, he would be unable to identify anyone on the list just by knowing their pay and gender.

6. Mr Cranfield claimed in his Partial Refusal Notice that

"the Council is required to balance
the public interest in disclosure against the interests of the individual
under the first principle of the DPA."

The exemption claimed (section 40 FOIA 2000) is absolute. The is no public interest test to be conducted, unless he is referring to a specific section in the DPA 98.

He seems to be confused.

7. Part IV of the DPA 98 :

"(1)
References in any of the data protection principles or any provision of Parts II and III to personal data or to the processing of personal data do not include references to data or processing which by virtue of this Part are exempt from that principle or other provision.

(2)
In this Part “the subject information provisions” means—
(a)
the first data protection principle to the extent to which it requires compliance with paragraph 2 of Part II of Schedule 1, and
(b)
section 7.

(3)
In this Part “the non-disclosure provisions” means the provisions specified in subsection (4) to the extent to which they are inconsistent with the disclosure in question.

(4)
The provisions referred to in subsection (3) are—
(a)
the first data protection principle, except to the extent to which it requires compliance with the conditions in Schedules 2 and 3,

(b)
the second, third, fourth and fifth data protection principles, and

(c)
sections 10 and 14(1) to (3).

(5)
Except as provided by this Part, the subject information provisions shall have effect notwithstanding any enactment or rule of law prohibiting or restricting the disclosure, or authorising the withholding, of information.

8. As you may know, as of October 1 2010, the Equality Act 2010 has come into force, and creates the offense of discrimination in any workplace on the basis of 'protected characteristics' : age, sex(gender), disability, gender reassignment, marriage and civil partnership, race, religion or belief and sexual orientation.

9. I therefore submit that the information disclosed should be expanded to include gender and pay per annum, as the information is exempt as described in section 29 of the DPA 98, because I am requesting the data so that I may determine whether any illegal discrimination has been taking place in the LB Camden workplace.

10. In the alternative, the additional information (gender and pay per annum) is exempt under section 32 of the DPA 98, as I am writing an article regarding workplace discrimination, which if I complete it, will be published, both in the press and online. With regards to subsection 1(b), it is clearly in the public interest,as well as the interest of the employees, to ensure transparency and accountability when it comes to illegal workplace discrimination, and to allow and facilitate the detection and prevention of such illegal discrimination.

11. In the alternative, the additional information is exempt under section 35 of the DPA 98, sub section 2:

(2)
Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a)
for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b)
for the purpose of obtaining legal advice,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

I need the information to determine whether the legal right to non-discrimination as explained above and legalised in the Equality Act 2010 exists in the workplace of LB Camden. I need the information to defend the legal rights of the employees of LB Camden, by reporting any illegal discrimination to the police, complaining to LB Camden(and the Local Government Ombudsman) and publicising it.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/wa...

Yours faithfully,

Yanis V

Swingler, Peter, Camden Borough Council

1 Attachment

Dear Janis

Please see attached the decision issued by the Panel on your application
for Internal Review

Yours sincerely

Peter Swingler
On behalf of the Internal Review Panel
FOI Act
LB of Camden
9/11/10
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Janis V left an annotation ()

Further appeal to ICO is underway.