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Denbighshire County Council (Local government) [2021] UKICO ic-70644 (14 December 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-70644.html
Cite as:
[2021] UKICO ic-70644
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Denbighshire County Council
The complainant requested various information relating to a contract awarded to District Enforcement by Denbighshire County Council. The Council provided some information but withheld other information on the basis of section 40(2) (personal information) FOIA, or regulation 13 EIR in the alternative. It also refused to provide other information either in reliance on section 43 FOIA (commercial interests) or regulation 12(5)(e) EIR (confidentiality of commercial or industrial information) and regulation 12(5)(d) (the confidentiality of proceedings) of the EIR. The Commissioner’s decision is that Denbighshire County Council has now complied with its obligations under regulation 5(1) of the EIR, and that it was entitled to rely on regulation 12(5)(e) and regulation 13 to withhold the remaining information. However, in failing to provide all of the information within the required timescales, the Council has breached regulation 5(2) of the EIR.
EIR 5(1):
Complaint not upheld
EIR 13:
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 12(5)(e):
Complaint not upheld
Decision notice:
ic-70644