Summary: The complainant requested salary and pension information relating to Trust Executive Directors. The information was refused under section 40(2), as the Executive Directors has not given consent for the information to be disclosed, and therefore the Trust could not satisfy any condition for processing under the Data Protection Act 1998. The Trust further submitted to the Commissioner that the information was "sensitive personal data", which the Commissioner did not accept. The Commissioner found that the Trust did not require consent from the Executive Directors, as it had a condition for processing under paragraph 6 of Schedule 2 to the Data Protection Act. The Commissioner also found that the Trust had provided an inadequate Refusal Notice under section 17, and that the Trust had complied with section 11 in terms of the means of communication of information.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 11 - Complaint Not upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Upheld