Expanded Retail Discount

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.
Required Information; - A list of all hereditaments where you have granted EXPANDED RETAIL DISCOUNT for the 2020/21 rate year.
This request relates to business rates but please only refer us to data available for download on your website if it contains the requested EXPANDED RETAIL DISCOUNT data.
• Property Reference Number (also known as Billing Authority Reference Number) of the property on which the charge is made. This is not the Rate Demand or Account Number.
• Current Rateable Value
• Account holder name
• Property address
• The billing address (where different to the property address)

Please provide the information in an electronic, spreadsheet format ideally excel. 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. The requested information passes all required public interest tests and other requirements and is not exempt from disclosure.

Yours sincerely

Richard Roberts

freedomofinformation, Oxford City Council

Dear Mr Roberts,
 
Oxford City Council – Reference: 9183
 
Thank you for your email below.  Your request was received on 28th April
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: [email address]
| T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
 

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freedomofinformation, Oxford City Council

1 Attachment

Dear Mr Roberts,
 
Oxford City Council – Reference: 9183
 
Further to the acknowledgement below, I can respond to your Freedom of
Information Act 2000 request received on 28th April 2020 as follows:
 
 
Please see attached.
 
Section 40
Under s.1(1)(a) FOIA I can confirm the Council does hold the sole trader
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
Freedom of Information Officer 
 
Kathryn Winfield | Freedom of Information 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
 
 
 
_____________________________________________

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