Department for Environment Food and Rural Affairs

The complainant has requested copies of all the Waste Infrastructure Delivery Programme (“WIDP”) Transactor’s Monthly Reports (“TMRs”) for Norfolk County Council’s waste treatment private finance initiative. The Department for Environment, Food & Rural Affairs (“Defra”) refused to provide the requested information, citing Regulation 12(4)(e) (internal communications) and Regulation 13(1)(third party personal data). Later, Defra also cited Regulations 12(5)(e)(confidentiality of commercial or industrial information) and 12(5(f)(interests of the information provider). The Commissioner’s decision is that Defra failed to demonstrate that Regulations 12(5)(e) and 12(5)(f) are engaged. She finds that Regulation 12(4)(e) is engaged but that the public interest in disclosing the information overrides the public interest in maintaining the exception. She also finds that Defra is not entitled to rely on part of the information it withheld under Regulation 13(1). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.