Information Commissioner's Office

Thanet District Council

17 February 2015, Local government (District council)

The complainant submitted a number of requests to Thanet District Council (the Council) regarding the ‘Dreamland, Scenic Railway’ contract which it had put out to tender in 2011. The Council argued that the requested information was exempt from disclosure on the basis of section 43(2) of FOIA (commercial interests). The Commissioner has concluded that the withheld information is not exempt from disclosure on the basis of this exemption. The Commissioner requires the public authority to provide the complainant with a copy of the information he requested. The only information that does not need to be provided consists of the CVs submitted by one company in support of its tender application. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.

FOI 43: Upheld