Leicester City Council
- Date 6 March 2019
- Sector Local government
- Decision(s) EIR 12.5.e: Upheld, EIR 14: Upheld, EIR 5.1: Upheld
The complainant has requested information relating to a highways contract. Leicester City Council disclosed some of the information and withheld other information under the exemption for commercial interests – section 43(2) of the FOIA. During the Commissioner’s investigation the council reconsidered the request under the EIR and withheld the information under the exception for commercial confidentiality – regulation 12(5)(e).
The Commissioner’s decision is that Leicester City Council initially wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14 and that it failed to demonstrate that the exception in regulation 12(5)(e) is engaged. The Commissioner requires the public authority to disclose the withheld information to the complainant.