Information Commissioner's Office

Summary: The complainant made a request for information to the Ministry of Justice on 20 May 2008. The public authority withheld the information citing the exemptions at sections 43(2) (commercial interests) and 35(1)(a) (formulation or development of government policy) of the Freedom of Information Act 2000 (the Act). The public authority was later advised by the Commissioner that the withheld information fell within the definition of environmental information in the Environmental Information Regulations 2004 (EIR) and that it should consider what exceptions from the EIR may apply. The public authority cited Regulation 12(5)(e) (commercial confidentiality). Several procedural breaches of the legislation under Regulations 5, 11 and 14 were committed by the Ministry of Justice in its handling of the request. The Commissioner also finds that the exception at Regulation 12(5)(e) is not engaged and the withheld information should therefore be disclosed.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 11 - Complaint Upheld, EIR 12.5.e - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld