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Decision Summary

  • Case Ref: FS50255080
  • Date: 19 April 2010
  • Public Authority: Ealing London Borough Council
  • Summary: The complainant requested the names and addresses of the Ealing Council’s (the council’s) commercial pre-paid waste sack clients under the Environmental Information Regulations 2004 (EIR). The council responded by stating that the information was not environmental and applied the exemption under section 43(2) of the Freedom of Information Act 2000 (the Act). The Commissioner invited the council to reconsider the request under the EIR but the council maintained that the information requested was not environmental and reiterated its reliance on section 43(2) of the Act (and following the intervention of the Commissioner) section 40(2) as well. The Commissioner finds that the information requested is environmental and therefore exempt under section 39 of the Act. Accordingly, the request should have been dealt with under the EIR. The Commissioner therefore requires the council to reconsider the request under the EIR and to either disclose the information to the complainant in accordance with Regulation 5 or issue a refusal notice under Regulation 14.
  • View PDF of Decision Notice: [1]