Information Commissioner's Office

Cornwall Council

26 July 2017, Local government (District council)

The complainant has requested a copy of the Integrated Waste Management Contract for Cornwall Energy Recovery Centre at St Dennis, Cornwall.  Cornwall Council disclosed information during the course of the Commissioner’s investigation and withheld other information under the exception for adverse affect to commercial confidentiality – regulation 12(5)(e) of the EIR.  The Commissioner’s decision is that Cornwall Council has correctly applied Regulation 12(5)(e) to some of the requested information and the public interest favours maintaining the exception in this case. She has, however decided that the council was not correct to apply Regulation 12(5)(e) in relation to other elements of the withheld information.  The council also failed to issue a refusal notice within the statutory time limit and breached regulation 14(2). The Commissioner requires the public authority to disclose the information identified in the confidential annex to this decision notice.

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