Hertsmere Borough Council (Local government) [2019] UKICO fs50711330 (25 January 2019)
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Hertsmere Borough Council
The complainant has requested information relating to a planning application. Hertsmere Borough Council confirmed that some of the information was not held and withheld other information under the exceptions for interests of the information provider (regulation 12(5)(f) and internal communications (regulation 12(4)(e)). During the Commissioner’s investigation the council dropped its reliance on regulation 12(4)(e) but applied the exceptions for commercial confidentiality (regulation 12(5)(e)) and the course of justice (regulation 12(5)(b)) to withhold information. The Commissioner’s decision is that Hertsmere Borough Council complied with regulation 5(1) but that it breached regulation 11(4) and failed to demonstrate that the exceptions in regulation 12(5)(b) and regulation 12(5)(e) are engaged. The Commissioner requires the public authority to disclose the withheld information to the complainant.
EIR 11(4):
Complaint upheld
EIR 12(5)(b):
Complaint upheld
EIR 5(1):
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 12(5)(e):
Complaint upheld
Decision notice: fs50711330
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50711330.html
