Rugby Borough Council

The complainant requested from Rugby Borough Council information relating to the transfer of land to a third party by way of a lease. The Council disclosed some information and withheld the remainder under section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that the information is environmental, and that that the Council should have considered the request under the EIR. In respect of the withheld information, the Commissioner has considered whether the Council is entitled to rely upon the equivalent part of the EIR - regulation 12(5)(e) (confidentiality of commercial or industrial information) - but is not satisfied that the Council has demonstrated that it is engaged. In respect of whether the Council has identified all relevant information that it holds, the Commissioner is satisfied that the Council has identified all recorded information it holds that falls within the scope of the request. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Disclose the withheld information.