Civil Aviation Authority (Other) [2022] UKICO 148737 (17 October 2022)
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Civil Aviation Authority
The complainant has requested details of noise modelling carried out on behalf of Stansted Airport. The above public authority’s final position was that it did not hold the requested information, but that, if it did, the information would be exempt from disclosure under regulation 12(5)(b) – course of justice – regulation 12(5)(e) – commercial confidentiality – and regulation 12(5)(f) of the EIR – interests of the provider. The Commissioner’s decision is that the public authority does hold the requested information, but that regulation 12(5)(b) of the EIR is engaged and the balance of the public interest favours withholding this exception. As the Commissioner considers that the withheld information is information on emissions, neither of the other two cited exceptions can apply. The public authority breached regulation 14 of the EIR as it failed to issue a correct refusal notice within 20 working days. The Commissioner does not require further steps.
EIR 12(4)(a):
Complaint upheld
EIR 12(5)(b):
Complaint not upheld
EIR 14:
Complaint upheld
Decision notice: 148737
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URL: http://www.bailii.org/uk/cases/UKICO/2022/148737.html
