Welwyn Hatfield Borough Council (Local government) [2022] UKICO ic-87369 (1 March 2022)
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Welwyn Hatfield Borough Council
The complainant has requested copies of the minutes of the Town Centre Regeneration Board meetings held by Welwyn Hatfield Borough Council (the council). The council initially withheld the information, citing section 43(2) -commercial interests, and section 36 - effective conduct of affairs, of the FOIA. Following the Commissioner’s intervention, the council confirmed that, given the passage of time, it regarded the public interest to now lie in favour of the release of some of the requested information, and it provided the complainant with a copy of the minutes of the relevant meetings in a redacted format. Following advice from the Commissioner, the council then reconsidered the request under the EIR; however, it maintained its view that the remaining withheld information was exempt from disclosure, now citing regulation 12(5)(e) - confidentiality of commercial or industrial information, regulation 12(4)(e) - internal communications, and regulation 12(5)(f) - interests of the information provider. The Commissioner is satisfied that the council is entitled to rely on regulation 12(5)(e) of the EIR in respect of all the withheld information. However, as the council wrongly handled the request under FOIA, the Commissioner has found there to be a breach of regulation 14 of the EIR. The Commissioner does not require the council to take any steps as a result of this decision notice.
EIR 14:
Complaint upheld
EIR 12(5)(e):
Complaint not upheld
Decision notice: ic-87369
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-87369.html
