FI16590
Request
Please provide copies of all email correspondence (including attachments) between:
- David de Min, of Dover Citadel Ltd, and
- Any officers, employees, councillors, or elected members of Dover District Council
for the period 1 January 2017 to January 2, 2026.
This request includes, but is not limited to:
- Emails sent directly between the parties
- Emails in which either party is copied or blind-copied
- Any internal emails that include or reference correspondence with David de Min or Dover Citadel Ltd
Response
The Council does not hold the information you have requested as far back as 1 January 2017. Officers who may have been in contact with David de Min of Dover Citadel Limited are no longer working for the Council and any data they may have held is no longer held. The Council does holds information from 2021, and this is attached. Please note that all personal data has been redacted from the Council's response as this is considered exempt from disclosure under Section 40(2) of the Freedom of Information Act. Personal data is defined by Article 4(1) of GDPR and also Section 3 of the Data Protection Act 2018 and the release of this data would contravene the data protection principles.
In addition, the Council is withholding a number of other emails that are exempt from disclosure under Section 43(2) of the Freedom of Information Act as they are considered commercially sensitive. The exemption is engaged because the emails are:
- commercial in nature,
- are protected by law through the common law of confidence (as they are not trivial and have not been released into the public domain) as well as through the obligations of confidence.
- The confidentiality is protecting a legitimate economic interest.
- The confidentiality would be adversely affected by disclosure.
This exception is subject to the Public Interest Test. This is where public authorities have to consider the balance of the public interest in relation to a request and the subsequent release of information.
The Public Interest Test in favour of disclosure
- A public authority should apply a presumption in favour of disclosure when considering a request for information.
- The central public interest in disclosure of this information lies in creating transparency and accountability in disclosing information held by the Council.
The Public Interest Test against disclosure
- Release of the information would adversely affect the legitimate economic interests of an individual by revealing information provided to the Council in confidence about their general business interests. This would cause harm to the individual's commercial position.
- There is a strong public interest in commercial confidences being maintained. The information was provided to the Council on a confidential basis, and we have no permission to share it.
- Disclosure of information provided in confidence by a third party which is considered commercially sensitive would adversely affect future relationships of individuals or companies operating in the District in that they would be less likely to trust the Council when seeking advice about locating their business interests or investing in the area.
Summary and conclusion
There is significant public interest for the public in having the right to access information held by the Council. However, there is a strong need to protect the legitimate economic interests of third parties who have provided information to the Council in confidence with the understanding that it would not be shared. Release of the information would harm the Council's reputation in that we would not be trusted by those individuals or businesses seeking to invest or locate to the District. This is not in the interests of the Council or any third parties. The Council does not have the permission of the third party to share the information which was provided in confidence. On balance it is concluded that the information which is deemed commercially sensitive should not be released.
Attachments
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5