Dudley Metropolitan Borough Council

The complainant has requested information relating to a fly tipping and waste removal contract.  Dudley Metropolitan Borough Council disclosed some information and withheld other information under the FOIA exemption for commercial interests (section 43(2)).  During the Commissioner’s investigation the council reconsidered the request under the EIR and withheld information under the exception for commercial confidentiality (regulation 12(5)(e)).  The Commissioner’s decision is that Dudley Metropolitan Borough Council wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14, and that it failed to demonstrate that regulation 12(5)(e) was engaged.  The Commissioner requires the public authority to disclose the withheld information to the complainant.