Cumbria County Council
- Date 6 August 2018
- Sector Local government
- Decision(s) EIR 12.5.e: Upheld, EIR 14: Upheld, EIR 5.1: Upheld
The complainant has requested information relating to the Kendal transport infrastructure. Cumbria County Council initially handled the request under the FOIA. At the Commissioner’s direction the council reconsidered the request under the EIR, disclosing some information and withholding other information under the exceptions for personal data (regulation 13) and commercial confidentiality (regulation 12(5)(e)). The Commissioner’s decision is that Cumbria County Council wrongly handled the request under the FOIA and breached regulation 5(1) and 14 of the EIR, and that it failed to demonstrate the regulation 12(5)(e) is engaged. The Commissioner requires the council to disclose the withheld information to the complainant.