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Gloucestershire County Council

  • Date 13 October 2015
  • Sector Local government
  • Decision(s) EIR 12.5.e: Upheld, EIR 6.1.b: Upheld

The complainant has requested information relating to the Javelin Park incinerator. The Commissioner’s decision is that Gloucestershire County Council has failed to demonstrate that the exception where disclosure would have an adverse effect upon the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest is engaged (regulation 12(5)(e)). The Commissioner has also decided that Gloucestershire County Council has failed to demonstrate that regulation 6(1)(b) applies. The Commissioner requires the public authority to disclose the withheld information to the complainant. The public authority must take this step within 35 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. Information Tribunal appeal EA/2015/0256 part allowed.