Author: / Hazel Lauder
Assistant Head (Information Compliance), Department of Governance and Quality Enhancement
Legislation: / The Freedom of Information (Scotland) Act 2002 (FOISA)
1. Remit
I am undertaking this review of the University’s response to a Freedom of Information request received on 27 August 2013. As I was not directly involved in the management of this request I am able to independently review the approach and make recommendations on action.
2. Request for information
An FOI request FOI 75/2013 was received by the University on 27 August 2013. This was acknowledged on 27 August and the response sent on 13 September. The request was handled in line with the requirements of FOISA.
3. Request for review
An email received by the University on 22 November requesting that a review of the response to this request be undertaken. The University considered this review request and noted that the review request relates to the response to Question 1 and that two new requests were submitted. These new requests are being managed by the University as FOI 146/2013.
The focus of this review is the response to Question 1:
Mr Dennis’s salary on appointment and at the time of his contract termination in 2013
The University’s response was:
Mr Dennis was appointed to, and remained on, a Senior Management grade. More detailed information is personal information relating to an identifiable individual. To provide you with this information would put the University in breach of Principles 1 and 2 of the Data Protection Act 1998. Hence the University is relying on paragraph 38(1)(b) together with 38(2)(a)(i) of the Freedom of Information (Scotland) Act 2002 to withhold the information.
The applicant has requested that the University re-considers this approach and adopts the approach taken by another institution to requests of this nature and provides a banding in the response.
I have considered this and confirm that the University should have provided this in its response to the request.
4. Findings
While the University was correct to withhold detailed salary information, it should have provided the salary scale in its response to this FOI request. Additionally, the exemption within FOISA concerning personal information does not apply to salary scales which relate to posts not individuals and I consider that this exemption was incorrectly applied.
5. Conclusion
In conclusion, I find that the University was correct in withholding detailed information but should have provided the salary scale paid for this employee.
I confirm that the salary scale in place throughout the period of employment was that of Associate Dean £56,000-£70,000.
6. Right of Appeal
If you are dissatisfied with this decision you have the right to refer the matter to the Office of the Scottish Information Commissioner (OSIC).
The contact details for the Commissioner are:
Kinburn Castle
Doubledykes Road
St Andrews
KY16 9DS
Email:
Thereafter an appeal can be made, on a point of law only, to the Court of Session and must be made within 42 days of receipt of the OSIC’s decision notice.
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