FOI - Completion Notice

The request was successful.

Dear Oxford City Council,

REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 2000.
In accordance with the provisions specified within the above Act I hereby request the following information.
Information Requested; -
• A copy of all Non Domestic Rates Completion Notices served in the borough since 01/01/2020 or list of addresses showing the same information.
The Act requires that a response be provided within a period of 20 working days from the date hereof.
This request for information falls within the parameters of the Act but if you require clarification on any of the points above or should you wish to discuss this further then please do not hesitate to contact me.

Yours faithfully,

Richard roberts

freedomofinformation, Oxford City Council

Dear Mr Roberts,
 
Oxford City Council – Reference:9650
 
Thank you for your email below.  Your request was received on 19th
November 2020 and you will be sent a response within 20 working days (of
receipt) in accordance with the Freedom of Information Act 2000/
Environmental Information Regulations 2004 (EIR), subject to the
information not being exempt or containing reference to a third party.
 
The Information Commissioner’s Office (ICO) recognises the unprecedented
challenges all are facing during the coronavirus (COVID-19) pandemic.
 
In particular they understand that resources, whether they are finances or
people, may be diverted away from usual compliance or information rights
work. Whilst the ICO can’t extend statutory timescales, they will not be
penalising public authorities for prioritising other areas or adapting
their usual approach during this extraordinary period.
 
Therefore while the Council will make every effort to comply with the
Statutory Requirements you may experience understandable delays when
making information rights requests during the pandemic.
 
Yours sincerely
 
 
Kathryn Winfield
Freedom of Information Officer 
 
Kathryn Winfield | Freedom of Information Officer | Oxford City Council |
Law and Governance |
St. Aldate's Chambers | Oxford | OX1 1DS | Email:
[1][email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 

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freedomofinformation, Oxford City Council

2 Attachments

Dear Mr Roberts,
 
Oxford City Council – Reference:9650
 
Further to the acknowledgement below, I can respond to your Freedom of
Information Act 2000 request received on 19th November 2020 as follows:
 
• A copy of all Non Domestic Rates Completion Notices served in the
borough since 01/01/2020 or list of addresses showing the same
information.
 
Please find attached copies of the NNDR completion notices issued since
01/01/2020
 
111 London Road, Headington, Oxford OX3 9HZ dated1^st April 2020
 
 
The Completion Notice for Student Castle, Osney Lane, Oxford OX1 1TE 
refers to council tax, but it is for the whole development dated 20^th
October 2020
 
Section 40
Under s.1(1)(a) FOIA I can confirm the Council does hold the individuals
details. However, I consider this to be personal information. The Council
has not received consent from the people concerned to disclose their
details. To release this information would contravene the data protection
principles contained in the Data Protection Act 2018.  Therefore, I 
consider that Sections 40 (2) of the FOIA is engaged.  
 
This email constitutes a Refusal Notice under section 17 of the Freedom of
Information Act 2000 and exemptions under section  40 (2) of the FOIA are
applied.
 
40- Personal information
 
(1)Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
data subject.
(2)Any information to which a request for information relates is also
exempt information if—
(a)it constitutes personal data which does not fall within subsection (1),
and
(b)the first, second or third condition below is satisfied.
 
3A) The first condition is that the disclosure of the information to a
member of the public otherwise than under this Act—

 a. would contravene any of the data protection principles, or
 b. would do so if the exemptions in section 24(1) of the Data Protection
Act 2018 (manual unstructured data held by public authorities) were
disregarded.

3B)The second condition is that the disclosure of the information to a
member of the public otherwise than under this Act would contravene
Article 21 of the GDPR (general processing: right to object to
processing).]
4A)The third condition is that—
(a)on a request under Article 15(1) of the GDPR (general processing: right
of access by the data subject) for access to personal data, the
information would be withheld in reliance on provision made by or under
section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act
2018, or
(b)on a request under section 45(1)(b) of that Act (law enforcement
processing: right of access by the data subject), the information would be
withheld in reliance on subsection (4) of that section.
(5A) The duty to confirm or deny does not arise in relation to information
which is (or if it
were held by the public authority would be) exempt information by virtue
of
subsection (1).
(5B) The duty to confirm or deny does not arise in relation to other
information if or to the
extent that any of the following applies—
(a) giving a member of the public the confirmation or denial that would
have to be
given to comply with section 1(1)(a)—
(i) would (apart from this Act) contravene any of the data protection
principles, or
(ii) would do so if the exemptions in section 24(1) of the Data Protection
Act 2018 (manual unstructured data held by public authorities) were
disregarded;
(b) giving a member of the public the confirmation or denial that would
have to be
given to comply with section 1(1)(a) would (apart from this Act)
contravene
Article 21 of the GDPR (general processing: right to object to
processing);
(c) on a request under Article 15(1) of the GDPR (general processing:
right of
access by the data subject) for confirmation of whether personal data is
being
processed, the information would be withheld in reliance on a provision
listed
in subsection (4A)(a);
(d) on a request under section 45(1)(a) of the Data Protection Act 2018
(law
enforcement processing: right of access by the data subject), the
information
would be withheld in reliance on subsection (4) of that section.
(7) In this section—
"the data protection principles" means the principles set out in—
(a) Article 5(1) of the GDPR, and
(b) section 34(1) of the Data Protection Act 2018;
"data subject" has the same meaning as in the Data Protection Act 2018
(see
section 3 of that Act);
"the GDPR", "personal data", "processing" and references to a provision of
Chapter 2 of Part 2 of the Data Protection Act 2018have the same meaning
as in
Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4), (10),
(11) and
(14) of that Act).
(8) In determining for the purposes of this section whether the lawfulness
principle in
Article 5(1)(a) of the GDPR would be contravened by the disclosure of
information,
Article 6(1) of the GDPR (lawfulness) is to be read as if the second
sub-paragraph
(disapplying the legitimate interests gateway in relation to public
authorities) were
omitted.
 
 
If you disagree with any part of the response to your request, you are
entitled to ask the Council for an internal review of the decision(s)
made.  You may do this by writing to the Monitoring Officer, by either
email – [1][email address] – or by post to Monitoring Officer,
Oxford City Council, St Aldate’s Chambers, St Aldate’s, Oxford, OX1 1DS. 
After the result of the internal review, if you remain dissatisfied, you
may ask the Information Commissioner to intervene on your behalf.  You may
do this by writing to the Information Commissioner's Office, Wycliffe
Lane, Wilmslow, Cheshire, SK9 5AF.
 
Yours sincerely
 
Kathryn Winfield
Information Governance Requests Officer
 
Kathryn Winfield | Information Governance Requests Officer | Oxford City
Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS |
Email: [2][email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 
 

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