Cherwell District Council (Local government) [2022] UKICO 131762 (28 July 2022)
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Cherwell District Council
The complainant requested information regarding the use of and disposal of land owned by Cherwell District Council (the “council”). The council disclosed some information and withheld other information under the exemption for commercial interests – section 43(2) of the FOIA. During the Commissioner’s investigation the council reconsidered the request under the EIR and withheld information under the exception for commercial confidentiality – regulation 12(5)(e). The Commissioner’s decision is that the council wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14 of the EIR and that it failed to demonstrate that the exception in regulation 12(5)(e) is engaged. The Commissioner requires the council to disclose the information withheld under regulation 12(5)(e).
EIR 5(1):
Complaint upheld
EIR 14:
Complaint upheld
EIR 12(5)(e):
Complaint upheld
Decision notice: 131762
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URL: http://www.bailii.org/uk/cases/UKICO/2022/131762.html
