Broadland District Council
- Date 21 May 2018
- Sector Local government
- Decision(s) EIR 12.5.e: Not upheld, EIR 14.1: Upheld, EIR 5.1: Upheld
The complainant has requested information relating to the creation of a Food Hub near Norwich. Broadland District Council initial refused the request, citing the exemption for commercial interests – section 43(2) of the FOIA. Following the Commissioner’s involvement the public authority reconsidered the request under the EIR, disclosing some information and withholding other information under the exceptions for commercial confidentiality (regulation 12(5)(e)) and interests of the information provider (regulation 12(5)(f)). The Commissioner’s decision is that Broadland District Council wrongly handled the request under the FOIA and breached regulation 5(1) and 14(1) of the EIR and that it correctly withheld information under regulation 12(5)(e). The Commissioner does not require the public authority to take any steps.