Information Commissioner's Office

Kent County Council

20 February 2017, Local government (County council)

The complainant has requested information relating to plans to develop the Cliftonville Lido site.  Kent County Council initially handled the request under the FOIA, disclosing some information and withholding other information under the exemption for information provided in confidence (section 41).  During the Commissioner’s investigation the council reconsidered the request under the EIR, disclosing further information and applying the exceptions for intellectual property rights (regulation 12(5)(c)) and commercial confidentiality (regulation 12(5)(e)) to withhold other information.  The Commissioner’s decision is that Kent County Council wrongly handled the request under the EIR and breached regulation 5(1) and regulation 14 and failed to demonstrate that regulation 12(5)(c) and regulation 12(5)(e) are engaged.  The Commissioner requires the public authority disclose the withheld information to the complainant.

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