The complainant requested a list of all vacant properties throughout Northern Ireland. The public authority initially stated that it did not hold the requested information, however subsequently it confirmed that a list could be compiled from the rating database. The public authority refused to provide such a list citing section 31(1)(a), section 40(2) of the Act. The Commissioner decided that the exemption under section 31(1)(a) was not engaged but that some of the requested information was correctly withheld under section 40(2)of the Act. Given the circumstances of the case the Commissioner used his discretion and has not ordered disclosure of the information not exempt under section 40(2). It would have been completely disproportionate for the public authority to identify the relevant information and therefore comply with a step to disclose. Therefore the Commissioner requires no further steps to be taken.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 31 – Complaint Upheld, FOI 40 – Complaint Partly Upheld
Citations:
[2011] UKICO FS50257023
Links:
Jurisdiction:
England and Wales
Information
Updated: 30 April 2022; Ref: scu.530221