Breckland District Council v The Information Commissioner & Anor.
[2023] UKFTT 103 (GRC)
William Lloyd Davies v The Information Commissioner
6 March 2024
[2024] UKFTT 183 (GRC)
First-tier Tribunal
Someone requested information about how a council sold some land. The council refused, saying releasing the details would harm their business. The Information Commissioner agreed. The person appealed but lost because the court found that protecting the council's business interests was more important than releasing the information.
Key Facts
- •William Lloyd Davies appealed a decision notice (DN) from the Information Commissioner regarding Carmarthenshire County Council's refusal to disclose planning consultation reports and executive board meeting minutes related to land sales.
- •The Council withheld information under Regulation 12(5)(e) of the Environmental Information Regulations 2004 (EIR), claiming it would adversely affect the confidentiality of commercial information.
- •The Commissioner upheld the Council's reliance on Regulation 12(5)(e), finding a public interest in maintaining confidentiality outweighed disclosure.
- •The Appellant argued the Commissioner's reasoning was flawed, citing the case of Ryan v The Information Commissioner (2020), and alleging potential wrongdoing.
- •The Appellant had a personal interest in the land sale, noting a lower bid was accepted than one he was aware of.
Legal Principles
Regulation 12(5)(e) EIR allows refusal of disclosure if it would adversely affect the confidentiality of commercial or industrial information protected by law to protect a legitimate economic interest.
Environmental Information Regulations 2004
A four-stage test is used to determine whether Regulation 12(5)(e) EIR applies (Bristol City Council v Information Commissioner and Portland and Brunswick Squares Association (EA/2010/0012)).
Bristol City Council v Information Commissioner
Even if the exception applies, a public authority can only refuse disclosure if the public interest in maintaining the exception outweighs the public interest in disclosure (Regulation 12(1)(b) EIR). There is a presumption in favour of disclosure (Regulation 12(2) EIR).
Environmental Information Regulations 2004
Outcomes
The appeal was dismissed.
The Tribunal found no error of law or incorrect exercise of discretion by the Commissioner. The Tribunal considered the commercial interests of the Council and other bidders, the ongoing nature of the sale at the time of the request, and closed material supporting the Council's position. The public interest favoured withholding the information.
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