The following exemptions apply:
Section 40(2) - Personal data
Information relating to sole traders/partnerships is exempt from disclosure under Section 40(2). The Tribunal decisions referred to above confirms that trading names and addresses are personal data as they relate to a living individual and the individual is identifiable from those data. This section of the Act provides an exemption to the general right of access to information, where the disclosure of personal information would breach any of the Data Protection principles.
Section 31 - Prevention of crime
We consider that disclosure of empty property information would increase the risk of fraud and that the provision of a list of empty properties would make it easier for criminals to identify targets for property crimes. Disclosure of credit balances, write offs and write ons also exposes both the council and businesses to the risk of fraud. As a result, we consider that disclosure of this information would be likely to prejudice the prevention of crime. Although we aim to be transparent and accountable to the public, we consider that the limited wider public interest in disclosure is outweighed by the very significant public interest in maintaining the exemption
Section 41 - Information provided in confidence
This can include the name, property and billing address, periods of liability, contact telephone numbers, and whether exemptions and reliefs might have been applied to those accounts. This information was provided to the council with an expectation of confidence for the purposes of calculating rates or reliefs to arrive at an amount payable. We consider that the withheld information is more than trivial in nature and is not accessible to the public by other means. This is exemption is not subject to the public interest test, but section 41(b) has an assumption that the public interest in maintaining the duty of confidence will prevail unless the public interest in disclosure outweighs maintaining that duty. We recognise the public interest in openness and transparency however, we consider this does not outweigh the stronger case against disclosure.