National Highways (formerly Highways England Company Limited)

The complainant has requested information from National Highways Ltd (NHL) that was supplied to decision makers by NHL about the A38 Derby Junctions for the purposes of making a decision on the scheme. NHL provided a spreadsheet to the complainant, part of which had been redacted, having applied regulation 12(5)(e) of the EIR – commercial or industrial information. The Commissioner’s decision is that regulation 12(5)(e) is not engaged and therefore the information withheld under this exception must be disclosed. He has also found, on the balance of probabilities, that NHL does not hold any further information. The Commissioner has decided that NHL has breached regulation 5(2) of the EIR by not responding to the request within 20 working days. The Commissioner requires NHL to take the following steps to ensure compliance with the legislation.  •    Disclose the withheld information making appropriate redactions for any personal data.