Date: Wed, 13 May 2009 10:34:34 +0100 Subject: response to your Freedom of Information request From: "Goodwin,Ian" To: stephen nash Our reference: 111841 Dear Mr Nash, Thank you for your Freedom of Information request of 17 April in which you requested the following information: (a) addresses of "long term empty" Commercial properties that are within Lambeth Borough Council area; and (b) the names of the owners of those properties referred to in (a) Please find below our response. One of the key factors in considering your request is that if we were to disclose a list of the empty commercial properties to you under the Freedom of Information Act, we would be required to disclose the same information to anyone else upon request. We are therefore refusing your request, relying on the following exemptions: 1. Section 31(1)(a) (Law Enforcement) - where disclosure would prejudice the prevention of crime. 2. Section 40(2) (where disclosure would breach the provisions of the Data Protection Act) - in relation to empty commercial properties owned by individuals and part (b)of your request. The section 31 exemption requires the Council to consider the public interest in disclosure as against the public interest in withholding information. Whilst we recognise that there is a public interest in enabling properties to be brought back into use, we also recognise that there is a public interest in reducing potential criminal activity in empty properties and also the potential for them to be squatted in. On this basis we believe that the public interest favours the maintaining of this exemption. Section 40 (2) (Data Protection) exemption applies here, as individuals could argue that disclosure of the details of the properties they own, would be unfair and in breach of the first Data Protection Principle, on the basis that they would not expect the details on the empty properties they own or their contact details to be provided by the Council to anyone on request. We are aware of the decision of the Information Tribunal in the case of England/London Borough of Bexley v. The Information Commissioner [2007]. This case supported the view that any lists revealing [empty] properties owned by individuals should not be disclosed. We note, however, that in the same case it was decided that lists of properties not owned by individuals could not attract the same reasoning in respect of the Data Protection Act. We also note the lengthy arguments propounded in respect of the exemptions contained in the Act. After careful thought we, nevertheless, maintain that the circumstances of such a disclosure in respect of the London Borough of Lambeth are different to those in the Bexley case and as such are of the belief that both exemptions cited above apply. If you are dissatisfied with the way in which your Freedom of Information request has been dealt with you can request an internal review by emailing: xxxxxxxxxx@xxxxxxx.xxx.xx (Please quote the reference number above) or by writing to: Corporate Complaints Manager Lambeth Town Hall Brixton Hill Brixton SW2 1RW If you remain dissatisfied with the outcome of the review you have a further right to appeal to the Information Commissioner, who regulates the implementation of the Freedom of Information Act. The Commissioner can be contacted at the following address: Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Enquiry line: 01625 545745 Yours sincerely, Ian Goodwin Information Governance Manager London Borough of Lambeth ICT Services Finance & Resources tel: 02079262341 www.lambeth.gov.uk 3rd floor Ivor House, 1 Acre Lane, London, SW2 5SD. Lambeth - Making a difference