Information Commissioner's Office

East Riding of Yorkshire Council

5 February 2008, Local government (District council)

The Complainant requested information on a contract signed by the public authority with a third party waste management company. He requested the price currently payable to the contractor for every tonne of waste dealt with – otherwise known as the “gate fee”. The council claimed that the information was exempt from disclosure under the exception in regulation 12(5)(e) of the Environmental Information Regulations 2004. The Commissioner has considered this argument and his decision is that the exception is not applicable. As the decision is finely balanced the Commissioner also considered, on the alternative assumption that regulation 12(5)(e) does apply, whether the public interest in disclosing this information is outweighed by the public interest in maintaining the exception. His decision is that it is not.

EIR 12.5.e: Upheld