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You are here: BAILII >> Databases >> Information Commissioner's Office >> Newcastle City Council (Local government) [2022] UKICO 130209 (18 October 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/130209.html
Cite as: [2022] UKICO 130209
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Newcastle City Council
The complainant has requested information from Newcastle City Council regarding a selection process for a preferred partner for the development of the Stephenson Quarter. The Commissioner determined that the request should have been considered under the EIR. Having considered the application of regulation 12(5)(e) – adverse effect on the confidentiality of commercial interests – which has similarities to section 43(2) FOIA, he is satisfied that the information was withheld correctly. The Commissioner also considered the application of regulation 13 (personal data) rather than section 40 FOIA. He has decided the council is entitled to rely on regulation 13 in respect of the personal data of individuals who are not employed by the council. However the names of council officers should be disclosed due to their positions as senior decision makers. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation. Disclose the withheld information in paragraph 3.2 of the Stage 2 Report, where it is indicated to be the names of the employees of Newcastle City Council.EIR 13: Complaint partly upheld EIR 12(5)(e): Complaint not upheld
Decision notice: 130209