20 August 2010

Dear Julian

Thank you for your e-mail of 26^th June 2010 requesting copies of the Privacy impact Screening and Privacy Impact Assessment referred to in the consultation paper published on 2 March 2010, Making Better Use of Energy Performance Certificates and data. Your request was received by Communities and Local Government on 28 June 2010. Further to my reply on 27 July, I am now able attach the following documents:

Section 43: With regards to two other documents which were marked as confidential and having consulted the 3^rd parties involved, I have been giving consideration to exemptions under section 43.

The sender of the first document, a response to the questions set out in Chapter 2 of the consultation document, has given their permission for it to be released. As I have said previously, I believe such documents are currently exempted under section 35 but I am minded to release this along with all responses to the consultation once they have been analysed in detail. This process is still ongoing.

The sender of the second document is concerned that their response to the consultation contained commercial in confidence information and that disclosure could be detrimental to their organisation. Section 43 is a qualified exemption and therefore I have considered the type of organisation and the nature of the information. The organisation is an Small or Medium Enterprise which has put their trust in CLG to maintain confidentiality. To do otherwise could limit future confidence with 3^rd parties. Secondly, releasing this information could lead to existing and potential competitors undermining any commercial advantage the organisation may gain from their ideas. My decision therefore is that it is not in the public interest for this document to be disclosed.

Communities and Local Government as an organisation aims to be as helpful as possible in the way it deals with requests for information under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. If, however, you are not satisfied with the way in which your request has been handled or the outcome, you may request an internal review within two calendar months of the date of this letter.

Information about the Department's review procedures and how to apply for an internal review of your case is available at http://www.communities.gov.uk/corporate/foi/foicomplaints/. This also explains your right to apply directly to the Information Commissioner for a decision in the event that you remain dissatisfied following the authority's review.

Please contact me if you have any queries about this letter.

Yours sincerely,

Eve Martin