FOI Request - Non Wastewater Properties - Review

Request 101000364863

Dear Sirs

I would like to request a formal review of the response to my initial FOI request.

I am assuming that my FOI request was refused under Section 36 of the Act although no section was explained in the refusal?

Although the Council agrees that they hold the information I have requested, they indicate that the data requested is the responsibility of a third-party i.e. Scottish Water and should direct my request to them. The information I have requested however, is not available through their publication scheme and they would only hold lists of properties that do require to pay for their wastewater services through their Council Tax bill. Surely the Council must know, for their own purposes, those properties that they do not have to bill for Wastewater services (on behalf of Scottish Water)?

I am not looking to obtain any personal details regarding the property owners I am simply looking for a list of those property addresses within the council boundary that do not have to pay for Wastewater services through their council tax bill  e.g. because the property has a septic tank etc.

In addition, the SIC in a previous decision (056/2006) relating to the same request for information, also stated that he was '...satisfied that the information in question is held by the council in it's own right...I have found that the information is not held by the council on behalf of Scottish Water'.

This SIC decision at this time (2006) also stated that: ' In order for a breach of confidence to be actionable, there must also be some detriment to the person who provided the information'. The 'detriment' at this time was that disclosure of the information would prejudice substantially Scottish Water's commercial interests as they provided Property Enquiry Certificates, however this 'detriment' can no longer be relied upon as Scottish Water no longer produce property enquiry certificates.

Therefore if there is no detriment to Scottish Water then there is no breach of confidence that can be actionable.

It should also be noted that I have already received such information from 21 other local authorities to date, and therefore do not understand why your council are unable to provide the same such information.

Response 13-08-2015

The information requested can be found here.

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