Person Dealing: Andrea Hughson
Direct Dial: 01597 829418

Dear Ms. Davis,

FREEDOM of INFORMATION ACT 2000
Reference No: F-2009-00201

Thank you for your request for information, received at this office on May
8, 2009, in which you requested details of the following:

Details of empty commercial properties:
(a) addresses and rateable values of empty commercial properties that are
within Powys Council area; and
(b) the names of the owners of those properties referred to in (a)
Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

The due date for responding to this request for information is June 8,
2009.

Should you need to discuss this further please contact the officer dealing
with your request as identified at the beginning of this letter or
Information Management on 01597 825013.

I would like to take this opportunity to thank you for your interest in
Powys County Council.

Yours sincerely,

Andrea Hughson
Rheolwr Cofnodion a Chydymffurfiaeth
Records & Compliance Manager
__________________________________________

Powys County Council
Information Management
Unit 29,
Ddole Road Enterprise Park
Llandrindod Wells
Powys
LD1 6DF
01597 825013

http://www.powys.gov.uk/index.php?id=46&...

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June 2, 2009

Person Dealing: Andrea Hughson
Direct Dial: 01597 829418

Dear Ms. Davis,

FREEDOM of INFORMATION ACT 2000
Reference No: F-2009-00201

I write in connection with your request for information dated May 8, 2009
requesting:
(a) addresses and rateable values of empty commercial properties that are
within Powys Council area; and
(b) the names of the owners of those properties referred to in (a)

Following consideration of your request, I regret to inform you that we
are unable to fully disclose this information. In accordance with section
17 of the Freedom of Information Act 2000, this letter acts as a Refusal
Notice for part of your request.

Please find attached a list of addresses and rateable values of empty
commercial properties within the Powys Council area, which are owned by
businesses or companies.

The address of empty properties owned by individuals is being withheld
because it constitutes personal data which falls under the exemption in
section 40(2) of the Freedom of Information Act 2000. The term *personal
data* is defined in the Data Protection Act 1998 as information about a
living individual from which that individual can be identified.

The Data Protection Act contains eight principles which we must adhere to
when processing personal data. The release of personal information would
breach the first principle of the Act which requires personal data to be
processed lawfully and fairly, which includes disclosure.

In considering whether disclosure of the withheld information would be
unfair and therefore contravene the requirements of the first data
principle specified in the Data Protection Act 1998, we have noted the
decision of the Information Tribunal in the case of England, London
Borough of Bexley and the Information Commissioner. This case supports the
view that information revealing lists of empty properties owned by
individuals or sole traders should not be disclosed, as the information
constitutes personal data relating to identifiable individuals.
This decision also specifies that properties not owned by individuals
cannot attract the same reasoning in respect of the Data Protection Act
1998 and therefore can be disclosed.

I regret we are not able to fully meet your information requirements at
this time. Should you need to discuss this further please contact the
officer dealing with your request, as identified above, or Information
Management on 01597 825013 / 829418.

I would like to take this opportunity to thank you for your interest in
Powys County Council.

Yours sincerely,

Andrea Hughson
Rheolwr Cofnodion a Chydymffurfiaeth
Records & Compliance Manager

If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint, please contact Information
Management. Our complaints procedure is available on request or on our
website.

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

Information Commissioner*s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone 01625 545 700
www.informationcommissioner.gov.uk

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