Information Commissioner's Office

Exeter City Council

14 September 2016, Local government (City council)

The complainant has requested information relating to a proposed new leisure complex in Exeter.  Exeter City Council disclosed some information and withheld other information under the exception for prejudice to commercial interests – section 43(2) of the FOIA.  During the Commissioner’s investigation the council revised its position, handling the request under the EIR and withholding the information under the exception for the confidentiality of commercial information - regulation 12(5)(e). The Commissioner’s decision is that the public authority breached regulation 5(1) and regulation 14(1) of the EIR and failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires the public authority to disclose the information in parts (a) and (c) of the request.

EIR 5(1): Upheld EIR 14(1): Upheld EIR 12(5)(e): Upheld