Information Commissioner's Office

Horsham District Council

3 August 2017, Local government (District council)

The complainant has requested information relating to waste collection.  Horsham District Council disclosed some information and withheld other information under the FOIA exemption for prejudice to commercial interests (section 43(2)).  During the Commissioner’s investigation the public authority reconsidered the request under the EIR and withheld the same information under the exception for commercial confidentiality - regulation 12(5)(e).  The Commissioner’s decision is that Horsham District Council has 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 modelling information to the complainant.

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