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You are here: BAILII >> Databases >> Information Commissioner's Office >> North East Derbyshire District Council (Decision Notice) [2014] UKICO FER0526091 (26 March 2014)
URL: http://www.bailii.org/uk/cases/UKICO/2014/FER0526091.html
Cite as: [2014] UKICO FER0526091, [2014] UKICO FER526091
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North East Derbyshire District Council (Decision Notice) [2014] UKICO FER0526091 (26 March 2014)
Summary: The complainant has requested the details of an external consultant to the council who he believes provided advice on the marketing of land which the council wished to sell for development purposes. The council applied Regulation 12(4)(b) to the information. The Commissioner-™s decision is that Regulation 12(4)(b) applies to the complainant's request. However the Commissioner has also decided that the council did not deal with the request for information in accordance with the Regulations because it did not apply the correct legislation when handling the request. The council responded to the request claiming section 14 of FOIA. The Commissioner's decision is that the information is environmental information as defined in Regulation 2 of the EIR. The council should therefore have applied section 12(4)(b) which is the roughly equivalent exception to section 14 of FOIA. The Commissioner does not require the council to take any steps.
Section of Act/EIR & Finding: EIR 12.4.b - Complaint Not upheld