Cardiff Council (Local government) [2023] UKICO 225494 (26 September 2023)
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Cardiff Council
The complainant requested a copy of the confidential appendices to a report about St David's Hall from Cardiff Council (“the Council”). The Council has disclosed part of one of the appendices, but has withheld the remainder of the requested information citing sections 40(2), 41, 42 and 43(2) of FOIA as its bases for doing so. The Commissioner’s decision is that: that the information in Confidential Appendices 1-3 falls within the definition at regulation 2(1)(f) and that these parts of the request should have been considered under the EIR; the commercial confidentiality exception under regulation 12(5)(e) of the EIR is engaged for all of the information in Confidential Appendices 1-3, however, for most of this information the public interest in disclosure outweighs that in maintaining the exception; some of the information within Confidential Appendix 1 should not be dislcosed as it is exempt under regulation 12(5)(a) of the EIR as its disclosure would adversely affect public safety and the public interest test favours maintaining the exception. The Commissioner requires the Council to disclose the information within Confidential Appendix 1, Confidential Appendix 2 and Confidential Appendix 3, other than: specific cost information related to the proposed works across all three appendices as described in paragraph 36 of this notice; the images within Confidential Appendix 1; appropriate redactions for personal data as described in paragraph 36 of this notice.
EIR 12(5)(a):
Complaint not upheld
EIR 12(5)(e):
Complaint partly upheld
EIR 2(1):
Complaint upheld
Decision notice: 225494
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URL: http://www.bailii.org/uk/cases/UKICO/2023/225494.html
