Date: Wed, 13 May 2009 10:34:34 +0100
Subject: response to your Freedom of Information request
From: "Goodwin,Ian" <[email address]>
To: stephen nash <[FOI #10554 email]>

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: [email address] (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



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