Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Warrenpoint Harbour Authority (Other) [2024] UKICO 288347 (7 August 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/288347.html
Cite as: [2024] UKICO 288347

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Warrenpoint Harbour Authority

The complainant has requested information relating to Regen Waste Limited’s (Regen) commercial agreements with Warrenpoint Harbour Authority. Warrenpoint Harbour Authority (WHA) disclosed part of the information but relied on the FOI and EIR access regimes to refuse to disclose the remainder of the information citing sections 43(1), 43(2), 43(3) of FOIA (commercial interest) and regulation 12(5)(e) of the EIR (confidentiality of commercial or industrial information). The Commissioner’s decision is that WHA should have dealt with the entire request under the EIR access regime and therefore was entitled to rely on regulation 12(5)(e) to withhold the information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response to the request at (i)(b), (i)(c), (vi) and (vii)(b-c) to confirm whether or not it holds the information. The public authority must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

EIR 12(5)(e): Complaint not upheld

Decision notice: 288347