ICO The complainant requested operational and safety information from the Isle of Wight Council relating to the Isle of Wight Festival. The council provided some information, said that some was not held and withheld other information using the exemptions under section 38, 40 and 41 of the Freedom of Information Act 2000. The Commissioner asked the council to reconsider the request under the terms of the Environmental Information Regulations 2004. The council then sought to rely on regulations 12(5)(a), 12(5)(e) and 13(1). These exceptions relate to public safety, the confidentiality of commercial information and third party personal data. During the Commissioner’s investigation, the complainant decided to pursue a complaint about the use of regulation 12(5)(e) only. The Commissioner’s decision is that the council did not demonstrate that regulation 12(5)(e) was engaged. The Commissioner therefore considers that the council breached regulation 5(1) and 5(2) of the EIR for failing to make this information available upon request.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 12.5.e – Complaint Upheld
[2013] UKICO FS50460423
Bailii
England and Wales
Information
Updated: 11 December 2021; Ref: scu.528205