Information Commissioner's Office

Hastings Borough Council

20 October 2016, Local government (Borough council)

The complainant has requested information relating to caravan park sites. Hastings Borough Council disclosed some information and withheld other information under the exemption for prejudice to commercial interests, section 43(2) of the FOIA. During the Commissioner’s investigation Hastings Borough Council reconsidered the request under the EIR and withheld information under the exception for confidentiality of commercial information, regulation 12(5)(e). The Commissioner’s decision is that Hastings Borough Council wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14(1) and failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires the public authority to disclose the withheld information to the complainant.

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