The council has previously publish data of commonly requested information relating to business rates. This is also known as Non Domestic Rates (NDR) or National Non Domestic Rates (NNDR). There was an Information Commissioner’s Office (ICO) First Tribunal judgement (EA/2018/0033) which has highlighted that all taxpayer information is confidential and as such covered by an exemption under Section 41 of the Freedom of Information Act (FOIA).
This is an absolute exemption so is not subject to a public interest test. However, the judgement also held that there was not a strong public interest in support of release under Section 31(1)(a). This was in addition to the information on sole traders and partnerships being exempt under Section 40(2) - Personal Data. A further Information Commissioner’s Office (ICO) First Tribunal judgement (EA-2022-0181 / EA-2022-0203) observed that there is a causative link between the release of the information and a real and significant risk of prejudice to the prevention of crime, which is real, actual and of substance.
As such the council has withdrawn this data set on the basis that it is exempt under Sections 41 and 31(1)(a) of the Freedom of Information Act. The council considers that Sections 41 and 31(1)(a) apply to customers’ accounts but does not apply to accounts where the council itself is an account holder and is able to provide details of these accounts subject to Section 40(2) - Personal Data of Individuals or Personal Data relating to living Individuals Further NDR information can be found on the Valuation Office Agency's website.
If you would like to make a request for NDR information where the council is the account holder, please complete the webform or email FOIrequests@bromley.gov.uk.