Brighton and Hove City Council

The complainant asked Brighton & Hove City Council (the “public authority”) to provide information relating to the job evaluation of a particular post. The public authority withheld some of the information using the exemptions in section 22(1) (information intended for future publication) and 40(2) (personal information) of the Freedom of Information Act (the “Act”). The Commissioner’s decision is that the exemption in section 22(1) is not engaged. Furthermore, section 40(2) is not engaged as the requested information does not constitute ‘personal data’ under the terms of the Data Protection Act 1998 (the “DPA”). He therefore finds that the public authority should release the requested information and he upholds the complaint. The public authority’s handling of the request also resulted in breaches of certain procedural requirements of the Act as identified in this Notice.