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You are here: BAILII >> Databases >> Information Commissioner's Office >> City of Westminster Council (Decision Notice) [2010] UKICO FER0276297 (19 April 2010) URL: http://www.bailii.org/uk/cases/UKICO/2010/FER0276297.html Cite as: [2010] UKICO FER276297, [2010] UKICO FER0276297 |
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Summary: The complainant requested the names and addresses of the City of Westminster Council-™s (the council-™s) top 1,000 pre-paid bag clients under the Environmental Information Regulations 2004 (EIR). The council initially responded by withholding the information under Regulation 12(5)(e) of the EIR. However, following the internal review it responded by stating that it had incorrectly applied the EIR and the relevant legislation was the Freedom of Information Act 2000 (the Act). Accordingly, the council considered the request under the Act and withheld the information under section 43(2) stating that its disclosure could prejudice its commercial interests. The Commissioner invited the council to reconsider the request under the EIR but the council maintained that the information requested was not environmental and reiterated its reliance on section 43(2) of the Act. The Commissioner finds that the information requested is environmental and therefore exempt under section 39 of the Act. Accordingly, the request should have been dealt with under the EIR. The Commissioner therefore requires the council to reconsider the request under the EIR and to either disclose the information to the complainant in accordance with Regulation 5 or issue a refusal notice under Regulation 14. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR & Finding: FOI 39 - Complaint Not upheld, EIR 5 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld