Summary: The complainant requested the names and addresses of the City of London Council-™s (the council-™s) pre-paid waste sack clients under the Environmental Information Regulations 2004 (EIR). The council responded by stating the EIR were not applicable and withheld the information under section 43(2) of the Freedom of Information Act 2000 (the Act) on the grounds that disclosure would significantly prejudice its commercial interests. However, following the intervention of the Commissioner, when he expressed the view that the requested information was covered by the EIR, the council said it would withhold it under Regulation 12(5)(e) and Regulation 13 in respect of the personal data of sole traders. The Commissioner concludes that the 12(5)(e) exception is engaged apart from the first part of the clients-™ postcodes. For the remaining information the public interest test favours the requested information being withheld. The Commissioner requires the council to disclose the first part of the clients-™ postcodes. As the Commissioner concluded that Regulation 12(5)(e) was engaged in respect of withheld information it was not necessary for him to consider Regulation 13.
Section of Act/EIR & Finding: EIR 12.5.e - Complaint Partly Upheld