The complainant has requested information held by City of York Council (the council) about York City Football Club and its contribution to the funding of a new community stadium. The council disclosed some information in response to the complainant’s request and then, during the Commissioner’s investigation, confirmed that a small amount of additional information could be released. The council applied regulation 12(5)(e) of the EIR-confidentiality of commercial or industrial information, to the remainder of the information. The Commissioner’s decision is that whilst the council was correct to have considered parts 1, 2, 3, 4, 5 and 7 of the request under the EIR, it should have considered part 6 of the request under the FOIA. The Commissioner is also satisfied that, with the exception of some information requested at part 2 of the request, the council is entitled to rely on regulation 12(5)(e) of the EIR, and section 43(2) of the FOIA, when withholding that information identified as being relevant to the request. The Commissioner requires the council to release some information relevant to part 2 of the request, and also the additional information it had already agreed to disclose, if it has not already done so.
FOI 43(2): Complaint not upheld EIR 12(5)(e): Complaint upheld
Citations:
[2019] UKICO fer0827677
Links:
Jurisdiction:
England and Wales
Information
Updated: 19 August 2022; Ref: scu.650229