London Borough of Hackney

The complainant has requested information about the historical disclosure of business rates data. The London Borough of Hackney (“the Council) initially refused the request with reliance on sections 31 (prevention of crime), 40(2)(personal data) and 41 (information provided in confidence) but amended its position at internal review, stating that the requested information was not held. During the course of the Commissioner’s investigation the complainant presented the Council with business rate data previously disclosed to them by the Council. The Commissioner’s decision is that the Council did not interpret the request correctly and failed to seek clarification of the request under section 1(3)(information held/not held) of FOIA. He finds that the Council has also breached section 16(1)(advice and assistance) of FOIA. The Commissioner requires the Council to provide the complainant with a fresh response, based on the interpretation of the request given at paragraph 26 below.