"The Council does hold lists of empty properties in Cornwall but considers that the information is exempt under Section 40 (2) (Personal Information) and Section 31 (1) (a) (Law Enforcement) of the Act. We believe that the majority of empty properties in Cornwall would be privately owned dwellings and that this information would be considered personal information under the Act.
"The whole list of empty properties held by the Council is therefore being withheld from disclosure under Section 40 (2) Personal Information as disclosure would breach Principle 1 of the Data Protection Act 1998.
"Section 31 (1) (a) (Law Enforcement) also applies to any privately owned addresses because there is strong public interest in avoiding likely prejudice to the prevention of crime by reducing the possibility of damage to an empty property and distress to its owner."
I do see the council's point on this - although I suppose it depends on how you define the "prejudice to the prevention of crime." Possible burglary vs possible electoral fraud? I'll seek the views of the Information Commissioner.
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