South Tees Hospitals NHS Foundation Trust

The complainant has requested information within the contract for the former CEO of South Tees Hospitals NHS Foundation Trust (“the Trust”). The Trust provided some information but withheld the former CEO’s annual leave entitlement, citing section 40(2) of the FOIA for doing so. The Commissioner’s decision is that the Trust is not entitled to rely on section 40(2) due to the balance between the legitimate interests and the data subject’s interests or fundamental rights and freedoms favouring the disclosure of the former CEO’s annual leave entitlement. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the former CEO’s annual leave entitlement.