Ian Driver v The Information Commissioner

Ian Driver v The Information Commissioner

The requested report is commercial information subject to confidentiality provided by law to protect a legitimate economic interest; disclosure would adversely affect that confidentiality, especially during ongoing negotiations. The public interest in withholding the information outweighs the public interest in...

Source-derived case information.

Parties
Appellant: Ian Driver; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
15 May 2026
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Environmental Information Disclosure, Commercial Confidentiality, Public Interest Test, Definition of Emissions
Information Rights Environmental Law Environmental Information Disclosure Commercial Confidentiality Public Interest Test Definition of Emissions

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Parties

Ian Driver

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Does Regulation 12(5)(e) EIR exception apply to the requested report?
  2. 2 Does the public interest in maintaining the exception outweigh the public interest in disclosure?
  3. 3 Is the report 'information on emissions' such that Regulation 12(9) EIR excludes the exception?

Ratio Decidendi

The requested report is commercial information subject to confidentiality provided by law to protect a legitimate economic interest; disclosure would adversely affect that confidentiality, especially during ongoing negotiations. The public interest in withholding the information outweighs the public interest in disclosure. The report does not constitute 'information on emissions' and Regulation 12(9) does not exclude the exception. The appeal is dismissed.

Court Disposition

appeal dismissed