Your feedback helps us to improve our website.

Translate

Non Domestic Rating Assessment (NNDR)

Business rates data - non credit balance data

Walsall Council has previously published information regarding parties liable for business rates.

Following a number of decision notices made by the ICO (some of which are detailed below) we have made the decision to no longer publish this information or disclose it in response to Freedom of Information requests.

Our decision and reasons for that decision are supported by several ICO decision notices on this matter. Some examples are:

  • Hertfordshire Council. ICO Reference: IC-179645-J1J9
  • East Suffolk Council. ICO Reference: IC-171054-H6Z6
  • City of London Council. ICO Reference: IC-316240-R3N1

It is the view of the council that the information is exempt from release under Section 31(1)(a) Freedom of Information Act 2000 (FoIA), which states that: “Information which is not exempt under Section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice (a) the prevention or detection of crime “

Our consideration for the application of this exemption are as follows:

Businesses are vulnerable to various types of fraud resulting from business information misuse, including but not limited to:

  • payment diversion
  • submission of falsified invoices
  • targeting to build trust and manipulate for fraudulent purposes

This has the potential to result in considerable losses both to a business itself, as well as other parties who deal it such as creditors, suppliers, or customers. The disclosure of the information in question could provide those with criminal intent with additional information about businesses and allow them to use this in attempts to commit such fraud. This could result in considerable losses for local businesses.

The council uses confidential business rates information, such as would be contained in the information in question, as a form of validation when dealing with businesses locally. In particular, as a means of verifying the identity of individuals when contacting the council in relation to their NNDR account. The release of this information would make it much easier for a potential fraudster to pose as a ratepayer or business owner at a particular address and bypass our security systems. This would expose further council information to unauthorised access and also put at risk public monies held by the council. Further it could also facilitate a fraudster posing as Walsall Council to obtain confidential information from a ratepayer.

As evidenced in the ICO decision notices the risk of fraud with this type of data is a known issue that remains a long term risk. The Council considers that the prejudice being claimed through the use of this exemption is ‘real, actual or of substance’ i.e. it is not trivial and there is a causal link between disclosure and the prejudice claimed.

Should you require any further information on this issue, or if you have any questions, please contact the Information Rights Service.

Rate this page