Northamptonshire County Council (Local government) [2018] UKICO fs50710108 (11 July 2018)
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Northamptonshire County Council
The complainant has requested information about the contracts between Northamptonshire County Council, Vinci UK and East Midlands Learning Consortium (EMLC) relating to the construction of Northampton International Academy, and the status of contractors on site. The Council refused to supply the contracts, citing the exemption under section 43(2) of the FOIA – commercial interests, but provided information about contractor status (i.e. demolition and build). The complainant subsequently asked for a redacted copy of the contract, which the Council then withheld citing section 12 of the FOIA on the basis that responding to the request would exceed the appropriate costs limit. Following instruction from the Commissioner, the Council reconsidered its response to the request under the EIR. It supplied a redacted copy of the contract to the complainant, but withheld some information under regulation 12(5)(e) – confidentiality of commercial or industrial information, and 12(3) – third party personal data. The Commissioner’s decision is that Northamptonshire County Council has failed to supply sufficient evidence to support its application of regulation 12(5)(e) and the exception is therefore not engaged. She also finds that the Council did not give full consideration to regulation 12(3), and the associated requirements in regulation 13. In her duty as a regulator she has herself considered this information under regulation 13 and determines that the whilst some of the withheld information is third party personal data, disclosure would not breach the principles in the Data Protection Act 1998, with the exception of the signatures. By failing to respond to the request under the correct regime, the Commissioner also finds the Council has breached regulations 5(1) and (2) and 14(2). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose all withheld information within the contract, except for the signatures that the Council has redacted in the copy already provided to the complainant. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
EIR 5(1):
Complaint upheld
EIR 13:
Complaint partly upheld
EIR 5(2):
Complaint upheld
EIR 14:
Complaint upheld
EIR 12(5)(e):
Complaint upheld
Decision notice: fs50710108
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50710108.html
