Cumbria County Council

The complainant has requested a report prepared for Cumbria County Council by Analysys Mason in connection with Phase 2 of the Connecting Cumbria programme and related information. The Commissioner’s decision is that Cumbria County Council has as not provided sufficient evidence to apply the exemption where disclosure would prejudice the commercial interests of any person at section 43(2) of the FOIA. She has also decided that Cumbria County Council has not provided sufficient reasons for applying the exemption where the cost of compliance exceeds the appropriate limit at section 12(1) of the FOIA and did not provide adequate advice and assistance under section 16 of the FOIA. The Commissioner requires the public authority to disclose the information withheld under section 43(2). In relation to the request for ‘Email correspondence between Cumbria County Council and BDUK/DCMS regarding the report’, issue a fresh response under the FOIA without relying on section 12(1) of the FOIA, providing appropriate advice and assistance if necessary. Information Tribunal appeal EA/2016/0253 allowed.