Information Commissioner's Office

Summary: The complainant made a request to the Department for Environment, Food and Rural Affairs (Defra) for copies of correspondence with the Duchy of Cornwall relating to the drafting of the Marine and Coastal Access Bill. Defra refused the request under the exceptions in regulation 12(5)(d) (Confidentiality of proceedings), regulation 12(5)(f) (Interests of provider of information) and regulation 13(1) (Personal data). The Commissioner has investigated the complaint and found that where regulation 12(5)(d) was applied the information should be withheld. However, the Commissioner also found that regulation 12(5)(f) and regulation 13(1) were either not engaged or the public interest favoured disclosure and that therefore the information withheld under these exceptions should be provided to the complainant. The Commissioner also found that in its handling of the request Defra breached regulation 7(1) (Extension of time) and regulation 11(4) (Representations and reconsideration).
Section of Act/EIR & Finding: EIR 7 - Complaint Upheld, EIR 11 - Complaint Upheld, EIR 12.5.d - Complaint Not upheld, EIR 12.5.f - Complaint Upheld, EIR 13 - Complaint Upheld