FER0276297: Difference between revisions

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* Case Ref: FER0276297
{{DNSummaryBox
* Date: 19/04/2010
    |dn_ref=FER0276297
* Public Authority: City of Westminster Council
    |dn_date=19/04/2010
* Summary: The complainant requested the names and addresses of the City of Westminster Council’s (the council’s) top 1,000 pre-paid bag clients under the Environmental Information Regulations 2004 (EIR). The council initially responded by withholding the information under Regulation 12(5)(e) of the EIR. However, following the internal review it responded by stating that it had incorrectly applied the EIR and the relevant legislation was the Freedom of Information Act 2000 (the Act). Accordingly, the council considered the request under the Act and withheld the information under section 43(2) stating that its disclosure could prejudice its commercial interests. 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. 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.
    |dn_pa=City of Westminster Council
* Section of Act/EIR & Finding: FOI 39 - Complaint Not upheld , EIR 5 - Complaint Upheld , EIR 14(2) - Complaint Upheld , EIR 14(3) - Complaint Upheld
    |dn_summary=The complainant requested the names and addresses of the City of Westminster Council’s (the council’s) top 1,000 pre-paid bag clients under the Environmental Information Regulations 2004 (EIR). The council initially responded by withholding the information under Regulation 12(5)(e) of the EIR. However, following the internal review it responded by stating that it had incorrectly applied the EIR and the relevant legislation was the Freedom of Information Act 2000 (the Act). Accordingly, the council considered the request under the Act and withheld the information under section 43(2) stating that its disclosure could prejudice its commercial interests. 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. 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 FER0276297 http://www.ico.gov.uk/upload/documents/decisionnotices/2010/fer_0276297.pdf


 
|dn_url=http://www.ico.gov.uk/upload/documents/decisionnotices/2010/fer_0276297.pdf
 
}}
[[Category:ICO Decision Notice]]
{{DNDecision|FOI 39|Not Upheld}}
{{DNDecision|EIR 5|Upheld}}
{{DNDecision|EIR 14(2)|Upheld}}
{{DNDecision|EIR 14(3)|Upheld}}

Revision as of 02:00, 2 May 2010


Decision Summary

  • Case Ref: FER0276297
  • Date: 19/04/2010
  • Public Authority: City of Westminster Council
  • Summary: The complainant requested the names and addresses of the City of Westminster Council’s (the council’s) top 1,000 pre-paid bag clients under the Environmental Information Regulations 2004 (EIR). The council initially responded by withholding the information under Regulation 12(5)(e) of the EIR. However, following the internal review it responded by stating that it had incorrectly applied the EIR and the relevant legislation was the Freedom of Information Act 2000 (the Act). Accordingly, the council considered the request under the Act and withheld the information under section 43(2) stating that its disclosure could prejudice its commercial interests. 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. 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]
  • Section of Act / Finding: {{{dnd_section}}} - "{{{dnd_section}}}" contains a listed "{" character as part of the property label and has therefore been classified as invalid. - [[Property:{{{dnd_section}}}|Find other matching decisions]]
  • Section of Act / Finding: {{{dnd_section}}} - "{{{dnd_section}}}" contains a listed "{" character as part of the property label and has therefore been classified as invalid. - [[Property:{{{dnd_section}}}|Find other matching decisions]]
  • Section of Act / Finding: {{{dnd_section}}} - "{{{dnd_section}}}" contains a listed "{" character as part of the property label and has therefore been classified as invalid. - [[Property:{{{dnd_section}}}|Find other matching decisions]]
  • Section of Act / Finding: {{{dnd_section}}} - "{{{dnd_section}}}" contains a listed "{" character as part of the property label and has therefore been classified as invalid. - [[Property:{{{dnd_section}}}|Find other matching decisions]]
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