Brentwood Borough Council

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Brentwood Borough Council

FOI 3010

Right to Buy Scheme

Request

1.  A full list of all properties (both local authority and housing association) sold since 2000 under the Right to Buy Scheme and preserved Rights to Buy Schemes ('the schemes')
2.  A list of the names of the persons buying under the schemes linked to the respective properties purchased.

Response

Please find attached our response to item 1 of your Freedom of Information Act 2000 request dated 20th January 2012 asking for a full list of all properties sold since 2000 under the Right to Buy Scheme and Preserved Right to Buy Scheme. I regret that we do not hold information about Housing Association sales.

In regard to item 2 requesting a list of the names of the persons buying under the schemes linked to the respective properties we have taken legal advice and understand this is exempt information under Section (40)2 of the Act which states:

‘Any information to which a request for information relates is also exempt information if –
(a) It constitutes personal data which do not fall within subsection (1), and
(b) either the first or second condition below is satisfied.”

The first data protection principle states:

‘Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-
(a) at least one of the conditions in Schedule 2 is met, and
(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.’

In this instance our advice is that the persons electing to purchase under the Right to Buy legislation would not expect their purchase to be disclosed and to do so would be unfair.