Brecon Beacons National Park Authority (Local government) [2024] UKICO 273286 (15 May 2024)
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Brecon Beacons National Park Authority
The complainant requested various correspondence between any officer of the Brecon Beacons National Park Authority (‘the Authority’) and external individuals for the period from 1 January 2023 to 11 June 2023, and specifically in relation to Gilestone Farm, Green Man and the Green Man Festival. The Authority provided some information and refused other information in reliance on section 40 (personal information) and section 41 (information given in confidence) of the Freedom of Information Act (‘the FOIA’). However, during the course of the Commissioner’s investigation, the Authority re-considered the request under the EIR. It stated that it was relying on regulation 12(5)(e) (confidentiality of commercial information) to withhold the draft minutes and regulation 12(5)(f) (the interests of the person who provided the information) to withhold the email correspondence. The Commissioner’s decision is that the Authority was not entitled to rely on regulation 12(5)(e) to refuse to withhold the draft minutes, but that it was entitled to rely on regulation 12(5)(f) to withhold the remaining correspondence. The Authority’s failure to issue a refusal notice within the required timescales also represents a breach of regulation 14(2) of the EIR. The Commissioner requires the Authority to take the following steps to ensure compliance with the legislation. Disclose a copy of the draft minutes to the complainant.
EIR 12(5)(e):
Complaint upheld
EIR 14(2):
Complaint upheld
EIR 12(5)(f):
Complaint not upheld
Decision notice: 273286
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URL: http://www.bailii.org/uk/cases/UKICO/2024/273286.html
