Information Commissioner's Office

Suffolk Coastal District Council

8 May 2017, Local government (District council)

The complainant has requested the costs incurred by Suffolk Coastal District Council (the council) in the course of terminating a contract with a third party contractor. The council provided some information but refused to provide the remainder under section 43(2) ‘commercial interests’ of the FOIA. During the course of the Commissioner’s investigation the council revised its position and argued that the Environmental Information Regulations 2004 (EIR) rather than the FOIA applied, although it maintained that the disputed cost figure should continue to be withheld. The Commissioner’s decision is that the FOIA rather than the EIR is the correct access legislation and further finds that section 43(2) is not engaged in the specific circumstances of this case. The Commissioner requires the public authority to disclose the withheld information. 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 Act and may be dealt with as a contempt of court.

FOI 43: Upheld