Information Commissioner's Office

Norfolk County Council

14 March 2016, Local government (County council)

The complainant requested a copy of a highway maintenance contract from Norfolk County Council (“the council”). The council provided information but withheld some information from Schedule 3 of the contract using the exemptions under section 41(1) and 43(2) of the Freedom of Information Act 2000 (“the FOIA”). In its internal review, the council also referred to the exception under regulation 12(5)(e) of the Environmental Information Regulations 2004 (“the EIR”). The council said that it could disclose a limited amount of additional information during the Commissioner’s investigation. The Commissioner’s decision is that the remaining information was excepted under regulation 12(5)(e) of the EIR and the public interest favoured maintaining the exception. He has found procedural breaches of regulations 5(1), 5(2), and 14(2). The Commissioner requires the public authority disclose to the complainant the redacted version of the withheld spreadsheet which the council has agreed to disclose, as provided to the Commissioner on 9 March 2016.

EIR 5(1): Upheld EIR 5(2): Upheld EIR 12(5)(e): Partly upheld EIR 14(2): Upheld