Department for the Economy - EIR 14 Procedural Breach Finding
Summary
The ICO issued a Decision Notice finding that the Department for the Economy breached regulation 14(3) of the Environmental Information Regulations by failing to specify the exception(s) applied in its initial refusal notice. The Department was entitled to withhold commercial interests information under EIR 12(5)(e). No remedial steps are required.
What changed
The ICO determined that the Department for the Economy properly withheld commercial interests information under EIR 12(5)(e), as this exception applies when disclosure would prejudice commercial interests. However, the Department breached EIR 14(3) by failing to specify which exception(s) it relied upon in its initial refusal notice — a procedural requirement.
Public authorities handling EIR requests should ensure that any refusal notice clearly identifies the specific exception(s) under regulation 12(5) being applied. While the underlying withholding was lawful, procedural defects can still constitute breaches. The ICO required no remedial steps in this case.
What to do next
- Monitor ICO Decision Notices for precedent on EIR procedural requirements
- Ensure refusal notices specify all applicable EIR exceptions
- Review FOI/EIR response procedures for procedural compliance
Archived snapshot
Apr 8, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Department for the Economy
- Date 2 April 2026
- Sector Central government
- Decision(s) EIR 12(5)(e): Not upheld, EIR 14: Upheld
- The Commissioner’s decision is that at the time of the request the Department was entitled to withhold some of the information the complainant has requested (the remainder not being held by the Department) under regulation 12(5)(e) of the EIR, which concerns commercial interests. The Department breached regulation 14(3) of the EIR as its initial refusal notice did not specify the exception(s) it sought to apply.
- The Commissioner requires no steps to be taken.
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