8 July 2014, Central government
The complainant made a request for information to the Department for Environment, Food & Rural Affairs (Defra) for details of landfill diversion projects which formed part of Defra’s waste management Delivery Programme (WIDP). Defra disclosed most of the requested information but withheld some information by relying on the regulation 12(5)(e) (commercial confidentiality) exception. Defra also introduced the regulation 12(4)(e) (internal communications) exception during the course of the Commissioner’s investigation. The Commissioner has considered the complaint and found that both regulation 12(4)(e) and regulation 12(5)(e) are engaged. Whilst he found that for regulation 12(5)(e) the public interest favoured disclosure, he found that the public interest in maintaining regulation 12(4)(e) outweighed the public interest in disclosure and therefore the information was correctly withheld. The Commissioner requires no steps to be taken.
EIR 12(4)(e): Not upheld EIR 12(5)(e): Not upheld