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Royal Borough of Kensington and Chelsea

  • Date 28 February 2017
  • Sector Local government
  • Decision(s) FOI 31: Upheld, FOI 40: Not upheld

The complainant has requested information on business (non-residential) property rates data from the Royal Borough of Kensington and Chelsea Council. The council applied section 31(1)(a) to the information (prevention and detection of crime). The Commissioner’s decision is that the council was correct to apply section 31(1)(a) however the public interest in the information being disclosed outweighs that in the exemption being maintained. The Commissioner has also considered the application of section 40(2) (personal data) to the information relating to sole traders and partnerships. Her view is that this exemption will apply to such information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: To disclose the information relating to the occupation of premises to the complainant other than information relating to sole traders or partnerships.