request for details of properties sold

Graham made this Freedom of Information request to Land Registry

The request was refused by Land Registry.

From: Graham

27 April 2009

Dear Sir,

I should like to make a freedom of information request to take
delivery address details of every property sold during the first
quarter of 2009.

please do not refer me to the Land Registry price paid dataset as
the licence for this information contains a specific exclusion
"excludes the use of the data for direct marketing" for which I
wish to use the data.

As I only wish to take property address information with no
personal details or price paid data, I can not see that there would
be a data Protection reason for not releasing such data.

I intend to use said data for direct marketing, having first
checked the mailing preference service.

Yours faithfully,
Mr Pullen

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From: Miles, Gill
Land Registry

29 April 2009

Dear Mr Pullen

Thank you for your email. I am dealing with your request under the terms
of the Freedom of Information Act and will endeavour to respond within 20
working days.

Yours sincerely,
Freedom of Information Officer
Corporate Legal Services
Land Registry Head Office, Lincoln's Inn Fields WC2A 3PH
P Please consider the environment - do you really need to print this
email?
................................................................................................................................................

From: Graham [[FOI #11068 email]]
Posted At: 27 April 2009 20:35
Conversation: Freedom of Information request - request for details of
properties sold
Posted To: Inbox

Subject: Freedom of Information request - request for details of
properties sold

Dear Sir,

I should like to make a freedom of information request to take
delivery address details of every property sold during the first
quarter of 2009.

please do not refer me to the Land Registry price paid dataset as
the licence for this information contains a specific exclusion
"excludes the use of the data for direct marketing" for which I
wish to use the data.

As I only wish to take property address information with no
personal details or price paid data, I can not see that there would
be a data Protection reason for not releasing such data.

I intend to use said data for direct marketing, having first
checked the mailing preference service.

Yours faithfully, Mr Pullen

Land Registry's House Price Index is now live. www.landregistry.gov.uk

If you have received this e-mail and it was not intended for you, please
let us know, and then delete it. Please treat our communications in
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you open any attachments at your own risk.

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From: Miles, Gill
Land Registry

21 May 2009

Dear Mr Pullen

Further to my email of 29 April I am now in a position to answer your
request. I contacted our Commercial Services group in relation to your
enquiry and can confirm the following. As the data you have requested is
available in a commercial product supplied by Land Registry, your request
is exempt under Section 21 of the Freedom of Information Act as it is
accessible by other means. Therefore I cannot deal with it under the terms
of the Act.

If you would like to request the information please email:
[email address]. Further details about this
can be obtained via our website. Land Registry retains the copyright for
its data and does not allow the use of it for direct marketing purposes.
We do not allow the use of the address details to target the individual
homeowner.

Yours sincerely,
Gill Miles
Freedom of Information Officer
Corporate Legal Services
Direct Line: 020 7166 4442
GTN: 7 3504 4442
Email: [email address]
Land Registry Head Office, Lincoln's Inn Fields WC2A 3PH
P Please consider the environment - do you really need to print this
email?
........................................................................................................................................................................................

Dear Sir,

I should like to make a freedom of information request
to take
delivery address details of every property sold during
the first
quarter of 2009.

please do not refer me to the Land Registry price paid
dataset as
the licence for this information contains a specific
exclusion
"excludes the use of the data for direct marketing" for
which I
wish to use the data.

As I only wish to take property address information
with no
personal details or price paid data, I can not see that
there would
be a data Protection reason for not releasing such
data.

I intend to use said data for direct marketing, having
first
checked the mailing preference service.

Yours faithfully, Mr Pullen

Land Registry's House Price Index is now live. www.landregistry.gov.uk

If you have received this e-mail and it was not intended for you, please
let us know, and then delete it. Please treat our communications in
confidence, as you would expect us to treat yours. Land Registry checks
all mail and attachments for known viruses, however, you are advised that
you open any attachments at your own risk.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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From: Graham

21 May 2009

Dear Ms Miles

Thank you for responding to my request under the Freedom of
Information Act ( to take delivery address details of every
property sold during the first quarter of 2009).

I can not accept that the information is reasonably available
elsewhere for the purpose that I wish to take it, direct marketing,
and therefore exemption under section 21 seems to be inappropriate.

Therefore I must ask that you pass this for internal review and
confirm your internal complaints process.

regards
Mr Pullen

Yours sincerely,

Graham

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From: Miles, Gill
Land Registry

21 May 2009

I am presently away from the office until Tuesday 26 May 2009.

If you do need to speak to someone in my absence please redirect your
concerns as follows:

Data Protection queries should be forwarded to Jane Allen at Croydon on
0208 388 3339

Freedom of Information queries should be forwarded to Sushma Acharya at
Harrow on 0208 235 6334

Many thanks.
Regards,
Gill

Land Registry's House Price Index is now live. www.landregistry.gov.uk

If you have received this e-mail and it was not intended for you, please
let us know, and then delete it. Please treat our communications in
confidence, as you would expect us to treat yours. Land Registry checks
all mail and attachments for known viruses, however, you are advised that
you open any attachments at your own risk.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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From: Miles, Gill
Land Registry

28 May 2009

Dear Mr Pullen

Thank you for your email. My decision still stands in that your request can not be dealt with under the terms of the Act and is exempt under S21. Therefore, I cannot request an internal review.

I do, however, understand that you disagree with my response and feel that S21 is inappropriate. In view of this I have referred your request to one of our lawyers for consideration. They will contact you in due course.

Our complaints procedure is explained in our Putting it Right leaflet which you can download from our website at:

http://www1.landregistry.gov.uk/assets/l...

Yours sincerely,
Freedom of Information Officer
Corporate Legal Services
Land Registry Head Office, Lincoln's Inn Fields WC2A 3PH

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From: Graham

20 July 2009

Dear MS Miles,

Re:Freedom of Information request - property sales

You will recall that on 28th May you referred my FOI request for
internal review as I felt the S21 exemption to be inappropriate (as
there was no other mechanism for obtaining this information that
did not have a restrictive licencing clause attached).

Are you now able to provide an update of said review?

Yours sincerely,

Graham

Link to this

From: Miles, Gill
Land Registry

20 July 2009

I am no longer employed at Land Registry and left on 30 June 2009.

If you do need to speak to someone please redirect your concerns as
follows:

Data Protection queries should be forwarded to Jane Allen at Croydon on
0208 388 3339

Freedom of Information queries should be forwarded to Sushma Acharya at
Harrow on 0208 235 6334

Many thanks.
Regards,
Gill

Land Registry's House Price Index is now live. www.landregistry.gov.uk

If you have received this e-mail and it was not intended for you, please
let us know, and then delete it. Please treat our communications in
confidence, as you would expect us to treat yours. Land Registry checks
all mail and attachments for known viruses, however, you are advised that
you open any attachments at your own risk.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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From: Acharya, Sushma
Land Registry

23 July 2009

Dear Mr Pullen,

I refer to your email of 20 July 2009 to our former Freedom of Information
Officer.

I note that you received an out of office response.

I further note from your email that you have asked for an up date on the
review.

In relation to this, I confirm that a review was undertaken. This was
completed by me on 23 June 2009. Our Freedom of Information Officer was
instructed to send out the reply.

I have looked at the matter. It appears that she inadvertently omitted to
issue the response. I apologise for this oversight.

I therefore set out my reply below -

"Dear Mr Pullen,

I refer to your email of 21 May and our Freedom of Information Officer's
reply of 28 May 2009.

The matter has been referred to me. I am one of the lawyers in Corporate
Legal Services Group.

I note that you have requested address details for every property sold
during the first quarter of 2009.

You were informed that the information you have requested is available as
a commercial product by Land Registry and therefore as it is available by
other means and therefore exempt under section 21 of the Freedom of
Information Act (FOIA).

It is further noted that you intend to use the information for direct
marketing activity. I also see that you have noted that as Land Registry's
licence for such information prevents use for direct marketing purpose,
you do not consider that section 21 of FOIA applies nor is appropriate.

I have considered the issue.

It is my view that section 21 does indeed apply, as the information is
available under our Publication Scheme. In relation to this I refer you to
Price Paid data, which would give you the information sought. I agree with
our Freedom of Information Officer's response that the information is
available by other means.

Land Registry is entitled to restrict the use of the information. It is
Land Registry policy not to permit the use of the information for direct
marketing in order to maintain privacy, which is the primary reason for
this. The information is collected through Land Registry's statutory
function and whilst the information is available as a commercial service,
it is necessary for Land Registry to ensure that the information is not
handled in ways inconsistent with our customers' expectations. As I have
highlighted, the primary reason to prevent use of the information for
direct marketing is to ensure that privacy is maintained.

You can if you are not content with the outcome of the internal review,
you can refer your complaint to the Information Commissioner (ICO). The
Information Commissioner can be contacted at: The Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF.

Your sincerely,
Sushma Acharya
Lawyer
Corporate Legal Services Group"

I hope that you will note my decision and again I am sorry that the reply
was not issued in June.

Regards,
Sushma Acharya

Land Registry's House Price Index is now live. www.landregistry.gov.uk

If you have received this e-mail and it was not intended for you, please
let us know, and then delete it. Please treat our communications in
confidence, as you would expect us to treat yours. Land Registry checks
all mail and attachments for known viruses, however, you are advised that
you open any attachments at your own risk.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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Things to do with this request

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