East West Railway Company Limited
- Date 23 June 2025
- Sector Private companies
- Decision(s) EIR 12.4.e: Upheld, EIR 12.5.d: Upheld, EIR 12.5.e: Upheld, EIR 13: Partly upheld, EIR 14: Upheld, EIR 5.2: Upheld
The complainant has requested correspondence with Bedfordshire Hospitals NHS Foundation Trust. The above public authority disclosed most of the information but eventually relied on regulation 12(4)(e) – internal communications – regulation 12(5)(d) – confidentiality of proceedings – and regulation 12(5)(e) – commercially confidential – of the EIR in order to withhold a summary note of a meeting. The Commissioner’s decision is that neither regulation 12(5)(d) nor regulation 12(5)(e) is engaged. Regulation 12(4)(e) is engaged, but the public interest favours disclosure. The Commissioner also disagrees with a small portion of the redactions the public authority has relied on regulation 13 of the EIR to make. The public authority breached regulations 5(2) and 14 of the EIR as it failed to issue an EIR-complaint response within 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose an unredacted version of the Summary note. The public authority may continue to redact the name of its own staff member that it has redacted from previous disclosures. Disclose a fresh copy of each email within the previously-disclosed bundle that contains the name of any of the individuals described in paragraph 67 of this notice. These names must be visible in the fresh copy.