Information Commissioner's Office

Norfolk County Council

9 November 2017, Local government (County council)

The complainant has requested information relating to a terminated contract to develop a waste to energy facility.  Norfolk County Council refused the request, citing the FOIA exemptions for legal professional privilege (section 42) and commercial interests (section 43(2)).  It subsequently relied on EIR exceptions for the course of justice (regulation 12(5)(b)) and commercial confidentiality (regulation 12(5)(e)) to withhold the requested information.  The Commissioner’s decision is that Norfolk City Council correctly engaged regulation 12(5)(b) but that the public interest favours disclosing the information and, failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires the public authority to disclose the withheld information to the complainant.

EIR 12(5)(b): Upheld EIR 12(5)(e): Upheld