RE: Your request under the Freedom of Information Act 2000

Case Reference: 101000892319

Dear Mr Woodley

Thank you for your email.

It will be treated as a request within the meaning of the Act: this means that we will send you a full response within 20 working days, either supplying you with the information which you want, or explaining to you why we cannot supply it.

If we need any further clarification or there is any problem we will be in touch.

In the meantime if you wish to discuss this further please contact me. It would be helpful if you could quote the log number 892319.

Yours sincerely

Caroline Timms
FOI Unit

Solutions Team

Cheshire West and Chester Council

dangos adrannau a ddyfynnir

Dear Mr Woodley

Thank you for your request under the Freedom of Information Act 2000, I am able to provide you with the following response. Please find the information attached.

Please note that we have excluded all personal details from this list under Section 40 (2) of the Freedom of Information Act. Section 40 (2) of the Act states that information is exempt from disclosure if it constitutes the personal data of a third party and its disclosure under the Act would breach any of the data Protection principles or section 10 of the Data Protection Act (DPA).

The Council considers that the information is exempt from disclosure under subsection 40 (2) for the following reasons:

1. The requested information is the personal data of a third party, namely individuals named as account holders. The definition of personal data is taken from Section 1 of the DPA.

It is the Council’s view that: -

• Disclosing the data would be unfair to the individual concerned,

• Disclosure is considered incompatible with the purpose for which the information was gathered.

2. The Data Protection Act Principles - the council considers that disclosure will contravene the first data protection principle, which states that “ personal data shall be processed fairly and lawfully, and in particular, shall not be processed unless –

(a) At least one of the conditions in schedule 2 is met, and
(b) In the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.”

The Council considers that disclosure will be unfair, as the requested information held in relation to the individual was not intended for wider public disclosure.

Please note that you have requested details of those ratepayers not receiving Small Business Rate Relief who would be entitled to relief. This list includes those ratepayers who may be entitled to relief based on the Rateable value criteria. The Council is unable to make a determination to entitlement to relief based on the criteria of occupying only one business premises in England. Therefore this list is comprised of ratepayers who MAY be entitled to relief.

In all instances the ratepayers details are provided (where they are not a named individual). The Council is not able to provide the owner’s details as these are not routinely held.

I trust that you find this satisfactory.

If you are unhappy with the way your request for information has been handled, you can request a review by writing to:

Solutions Team
Cheshire West and Chester Council
HQ
58 Nicholas Street
Chester
CH1 2NP

If you remain dissatisfied with the handling of your request or complaint, you have a right of appeal to the Information Commissioner at:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.gov.uk

There is no charge for making an appeal.

Yours sincerely

Miriam Wallace
FOI UNIT - Solutions Team
Cheshire West and Chester Council

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