Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Transport for the North (Private companies) [2020] UKICO fer0881115 (18 June 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fer0881115.html
Cite as: [2020] UKICO fer881115, [2020] UKICO fer0881115

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Transport for the North

In a multi-part request to Transport for the North (TfN), the complainant has requested information associated with the Southern Pennines: Strategic Development Corridor. TfN initially withheld information relevant to two parts of the request under regulation 12(5)(e) of the EIR (commercial information). It addressed the remaining parts of the request as ‘normal course of business’. During the Commissioner’s investigation, TfN withdrew its reliance on regulation 12(5)(e). It has categorised the request as manifestly unreasonable under regulation 12(4)(b) and considers that the information it is withholding engages regulation 12(4)(d) (material in the course of completion). The complainant disputes this position. The Commissioner’s decision is as follows: TfN cannot rely on regulation 12(4)(b) to refuse to disclose the requested information. The information can be categorised as material in the course of completion under regulation 12(4)(d), however the public interest favours releasing the information. The Commissioner requires TfN to take the following step to ensure compliance with the legislation: Disclose the three reports being withheld under regulation 12(4)(d).

EIR 12(4)(d): Complaint upheld EIR 12(4)(b): Complaint upheld

Decision notice: fer0881115