Summary: The complainant submitted a refined information request, citing the Environmental Information Regulations 2004 (EIR), for the names and addresses of Camden Council-™s (the council-™s) top 100 largest commercial clients (companies not individuals) that have their waste collected from the street in sacks. The council responded by stating that the information was not environmental and that it was exempt under section 43(2) of the Freedom of Information Act 2000 (the Act). The Commissioner invited the council to reconsider the request under the EIR but the council maintained that the information requested was not environmental and reiterated its reliance on section 43(2) of the Act. The Commissioner finds that the information requested is environmental and therefore exempt under section 39 of the Act. Accordingly, the request should have been dealt with under the EIR. The Commissioner therefore requires the council to reconsider the request under the EIR and to either disclose the information to the complainant in accordance with Regulation 5 or issue a refusal notice under Regulation 14.
Section of Act/EIR & Finding: FOI 39 - Complaint Not upheld, EIR 5 - Complaint Upheld