Summary: The complainant has requested information relating to the siting of a fire station at Sniperley Farm in Durham. County Durham and Darlington Fire & Rescue Service (the -authority-) refused the request under the FOIA, citing the exemption for information provided in confidence. In applying the exemption the authority also refused to confirm or deny whether the requested information was held. The Commissioner-s decision is that County Durham and Darlington Fire & Rescue Service: wrongly dealt with the request under the FOIA, failing to provide the requested information or issue a compliant refusal notice. In doing so it breached regulation 5 and regulation 14 of the EIR; was entitled to rely on regulation 12(5)(e) to refuse to provide the complainant with the withheld information. He considers that the public interest in maintaining the exception outweighs the public interest in disclosure. The Commissioner does not require the public authority to take any steps.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 12.5.e - Complaint Not upheld, EIR 14 - Complaint Upheld