East Kent Hospitals University NHS Foundation Trust (Health) [2019] UKICO fer0871431 (16 October 2019)
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East Kent Hospitals University NHS Foundation Trust
The complainant has requested from East Kent Hospitals University NHS Foundation Trust (‘the Trust’) information associated with any due diligence it carried out on a particular developer. The Trust initially said it did not hold any information falling within the scope of the request. It subsequently accepted that it holds some information that is broadly relevant. The Trust has confirmed that it will release some of the information but that the remainder is exempt information under section 41 of the FOIA (information provided in confidence) and section 43(2)(commercial interests), with the public interest favouring maintaining the latter exemption. The Commissioner’s decision is as follows: The requested information is environmental information which should be handled under the EIR. The Trust can rely on the exception at regulation 12(5)(e) of the EIR (commercial information) to withhold the information that falls within the scope of part 2 of the request. The public interest favours maintaining this exception. The Trust is in breach of regulation 5(1) and 5(2) with regard to the information requested in part 1, as it has not made this information available to the complainant within the required timescale. The Commissioner requires the Trust to take the following step to ensure compliance with the legislation: Release the information that it holds that falls within part 1 of the complainant’s request.
EIR 5:
Complaint upheld
EIR 12(5)(e):
Complaint not upheld
Decision notice: fer0871431
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0871431.html
