ICO backs naming of £150,000 a year public sector workers

The ICO, which oversees the operation of freedom of information (FOI) laws, said that the public have a legitimate interest in knowing how public money is spent and that the disclosure was fair and lawful. It said that the Cabinet Office should comply with an FOI request for the information.

"If you are earning over £150,000 working for a body that is funded by the public purse then there is now a legitimate expectation that your name and salary details will be disclosed. Being open and transparent is an integral part of being accountable to the taxpayer and, like it or not, this level of disclosure goes with the territory," the ICO said in a statement.

Under the Freedom of Information Act (FOIA) everyone in England and Wales has the right to request information held by a public body on any subject they choose. That public body must provide the information requested within a certain period of time or explain why the information has been withheld.

The original request for information was made in July last year following the publication by the Cabinet Office of salary details of public sector employees earning over £150,000. The names of 24 such individuals were withheld as they had not consented to the release of their personal information.

Following the initial request there were two further requests for information by the same individual, both of which were refused on grounds that they were exempted from the so-called 'right to know' principle. The Cabinet Office said that because the people involved had refused consent for their salaries to be made public the release of the information would breach their rights under the Data Protection Act.

The Information Commissioner ruled that the public interest in knowing how public money is spent is more important than the desire of individuals to keep their pay secret.

"The non- expression of consent is one factor that has to be weighed against those factors which focus on the public interest in releasing the information. Those who receive some of the highest salaries in the public sector should expect certain information on their public or work life to be made public, including detail of their remuneration," the ICO said in its decision notice.

The Commissioner also said that the release of the details would not breach any legislation; that there was a legitimate interest in disclosing it, and that it was not unfair to the individuals involved.

The Commissioner did allow the Cabinet Office to withhold the reasons given by the individuals involved for keeping their pay secret.

"There is some benefit in the public understanding why senior public sector executives were not willing to consent to disclosure, but curiosity or what interests the public is not relevant", said the ICO in its decision notice.

The Cabinet Office must release the information within 35 days unless it appeals the decision.