10 August 2017, Local government (Town council)
The complainant has requested information held by Brightlingsea Town Council (council) which relates to a land ownership and registration dispute. He also asked for information relating to a ‘2001 booklet’. Whilst the council provided some information in relation to the booklet, it withheld other information under section 43(2) of the Freedom of Information Act 2000 (FOIA). The council claimed that disclosing this information would be detrimental to its commercial interests. Following the Commissioner’s intervention, the council agreed to review matters under the EIR. It then withheld the requested information under the exception for the course of justice-regulation 12(5)(b). The Commissioner’s decision is that the council has correctly applied regulation 12(5)(b) to the withheld information. The Commissioner does not require the council to take any steps.
EIR 12(5)(b): Not upheld