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Norwich City Council (Local government) [2022] UKICO 111205 (5 October 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/111205.html
Cite as:
[2022] UKICO 111205
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Norwich City Council
The complainant requested information from Norwich City Council (“the Council”) about its business cases for various commercial property investments. The Council initially refused to provide any of the requested information, citing the commercial interests exemption under section 43(2) of FOIA as its basis for doing so. Subsequently, during the course of the Commissioner’s investigation, the Council reconsidered the request under the EIR. It disclosed the majority of the requested information. However, it continued to withhold some information citing the confidentiality of commercial or industrial information exception under regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the Council has not demonstrated that regulation 12(5)(e) of the EIR is engaged with respect to all of the information it has withheld on this basis. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: • revisit the request and issue a fresh response directing the complainant to where at least some of the information within the scope of the request is available, • in relation to any other information, either disclose it or issue a fresh response providing valid grounds for withholding it.
EIR 12(5)(e):
Complaint upheld
Decision notice:
111205