Date 1st February 2010
Subject: Freedom of Information Request
List of Commercial Properties not in receipt of
Small Business Rate Relief
Dear Sir,
I refer to your request for information dated the 2nd January 2010.This is being treated as a request under the Freedom of Information Act 2000
The information requested was as follows:
(a) addresses and rateable values of Commercial properties that are
within your District Council up to a rateable value of £12,000 who
are eligible for, but not currently receiving small business rate
relief; a
(b) the names of the owners of those properties referred to in (a)
The Council is not able to disclose personal information relating to private individuals as personal information about their identity and financial affairs is protected under the absolute exemption provided by Section 40(2) of the Freedom of Information Act 2000
This exemption applies where the disclosure of the information, would contravene one or more of the data protection principles under the data Protection Act 1998.In particular principle 1 which requires that personal data should be processed fairly and lawfully. Without the consent of an individual ratepayer the council does not deem it fair to disclose this information into the public domain.
The Council acknowledges that although business organisations are not private individuals and are not subject to the protection afforded by the terms of the Data Protection Act, these organisations provided their contact information in the expectation that this information is solely for use in the collection of business rates. They would not expect that the council would disclose into the public domain, their contact information together with financial information about their account
In addition Section 41 of the Act also applies in that confidential information supplied to the Council is exempt where its disclosure would constitute an additional breach of confidence. When a business supplies this information, they do so with the expectation that confidentiality will be maintained. Disclosure of this information into the public domain would therefore be a breach of confidence
The council therefore relies upon the exemptions in Sections 40 & 41 of the Act, in withholding the requested information.
If you are dissatisfied with this response or wish to make a formal appeal against this decision, please write or send a complaints form to Mr Stephen Fryer, Head of Customer Services.
Guidance on how to make a formal appeal against a decision under the Freedom of Information Act 2000 is also available on our website at www.salford.gov.uk
Should you further disagree with the decision following the appeal, you may wish to contact the Office of the Information Commissioner,
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545700 or 524510
Yours sincerely
David Singleton
Special Projects & Diversity Manager
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Customer & Support Services Directorate
Customer Services
Unity House, Civic Centre,
Chorley Road. Swinton, Manchester
Phone 0161 793 2820
Fax
Email [email address]
My Ref
Your Ref Nigel J Woodley