Information Commissioner's Office

Hemsworth Town Council

17 May 2017, Local government (Town council)

The complainant has requested a copy of a contract between the public authority and a developer in relation to Kirby Road Sports Complex. Hemsworth Town Council refused the request, withholding the information under the exemption for prejudice to commercial interests – section 43(2) of the FOIA. During the Commissioner’s investigation the public authority reconsidered the request under the EIR and withheld the information under the exception for adverse affect to commercial confidentiality (regulation 12(5)(e)). The Commissioner’s decision is that Hemsworth Town Council handled the request under the wrong legislation and breached regulation 5(1) and regulation 14 and failed to demonstrate that the exception in 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 14: Upheld EIR 12(5)(e): Upheld