Information Request policy

6.1    The sections below are commonly exempt information. Please note, that these are generic positions, but every case’s merits will be reviewed individually.  

Business Rates/Council Tax Credits
6.2    Under Section 31(1)(a) of the Freedom of Information Act 2000, Council tax and business rate account credits in a majority of cases are exempt from release. This is in line with Wandsworth Council v ICO 2017 FS50619844.

Third Party Personal Information
6.3    Third party personal information is exempt under section 40(2) of the Freedom of Information Act 2000 and Regulation 13 of the Environmental Information Regulations 2004. The release of third party personal information in a majority of cases would contravene the General Data Protection Regulation principles and therefore this information is also exempt from release for a Subject Access Request.

Legal Advice
6.4    Legal Advice is protected by Legal Professional Privilege. This is upheld by section 42 of the Freedom of Information Act 2018, Regulation 12(5)(b) of the Environmental Information Regulations 2004, and Schedule 2 Part 4 Paragraph 19 of the Data Protection Act 2018.

Preplanning advice
6.5    Under Regulation 12(5)(d) of the Environmental Information Regulations 2004, pre-planning information in a majority of cases is exempt from disclosure. This is in line with Thanet District Council v ICO 2023 IC-206377-X4X4.

Contracts and procurement
6.6    In some circumstances, information relating to contracts and the procurement process will be exempt from release under section 43 of the Freedom of Information Act 2000, Regulation 12(5)(e) of the Environmental Information Regulations 2004, and Schedule 2 Part 4 Paragraph 23.