Derby City Council
- Date 20 November 2020
- Sector Local government
- Decision(s) EIR 12.4.d: Upheld, EIR 12.5.e: Upheld, EIR 13: Not upheld, EIR 5.2: Upheld
The complainant has requested information about a waste disposal contract. The Council disclosed some information, but withheld the remainder citing the following exceptions of the EIR: 12(5)e – confidentiality of industrial or commercial information; 12(4)d – material in the course of completion/unfinished documents; and 13(2) – third party personal data. The Commissioner’s decision is that has Derby City Council has failed to demonstrate that regulation 12(5)e is engaged, and for regulation 12(4)d, that the public interest in disclosure outweighs the public interest in maintaining the exception. The Council has correctly applied regulation 13 to third party personal data. The Council also breached regulation 5(2) by failing to provide information within 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose unredacted copies of the Service Continuity Contract, the two leases and the Draft Inter-Authority Agreement, save for all third party personal data.