Information Commissioner's Office

Southwark Council

13 January 2016, Local government (District council)

The complainant has requested a copy of the contract signed between the London Borough of Southwark (the Council) and a developer in connection with the sale of the former Tuke School site in Peckham. The Council considered the document was exempt information under section 43(2) (commercial interests) of FOIA and found that the public interest favoured withholding the information. The Commissioner was subsequently asked to consider the Council’s refusal of the request. During the course of the Commissioner’s investigation, the Council agreed that the EIR and not FOIA was the correct access-regime and, owing to the passage of time that had elapsed, decided it could disclose some of the information contained in the contract. The remainder was withheld under regulation 13 of the EIR where the information constituted third party personal data or regulation 12(5)(e) (confidentiality of commercial or industrial information). The complainant has confirmed that he does not require the disclosure of personal data or financial details. The Commissioner has therefore considered the other items of information that were withheld under regulation 12(5)(e) of the EIR. The Commissioner has found the contractual clauses relating to the overage arrangements engage the exception and that the public interest favours withholding the information. For the remaining items, the Commissioner has determined that the exception does not apply and the information should therefore be disclosed by the Council.

EIR 12(5)(e): Partly upheld