Information Commissioner's Office

Braintree District Council

3 January 2007, Local government (District council)

The complainant made a request for a list of addresses of council properties owned by the public authority. This was refused under section 40 of the Act on the grounds that the information in question constituted personal data of which the applicant was not the subject and that disclosure of that information would constitute a breach of one of the data protection principles. The Commissioner considers that no such breach would occur and that it was not correct, therefore to rely upon the exemption. The Commissioner also considers that in its responses to the complainant, the Council incorrectly applied the section 38 (Health and safety) exemption and breached section 17 of the Act. In the light of the above, the Commissioner requires the Council to provide the complainant with the requested information within 35 calendar days of the date of this notice.

FOI 17: Upheld