Summary: The complainant requested to know the cash pay off figure for a former Chief Executive of the City and County of Swansea who retired in 2002. The public authority refused to disclose the information on the basis that the withheld information was personal information and that disclosure would breach the Data Protection Act. It specified FOIA section 40 as the relevant exemption from its duty to disclose this information. It also applied s.41 of the FOIA in that disclosure would constitute a breach of confidence actionable by the employee. Having examined the personal information caught by the scope of this request, the Commissioner has decided that the public authority has correctly applied FOIA section 40 in the circumstances of this case. In view of the fact that the Commissioner considers the most appropriate exemption in this case to be s.40 he has not considered the application of s.41 in this Decision Notice.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld