Summary: The complainant asked Defra for copies of any letters or other communications sent by two ministers to The Prince of Wales which referred to foot and mouth disease. Defra refused to confirm or deny whether it held any information falling within the scope of the request by citing the exemptions contained at sections 37(2) (communications with the Royal Household) and section 40(5) (personal data) of the Act. During the course of the Commissioner-™s investigation Defra also cited the exception contained at regulation 13(5) (personal data) of the EIR as a further basis to refuse to confirm or deny whether it held any information. The Commissioner has concluded that the request should be dealt with under the EIR and that Defra was entitled to rely on regulation 13(5) to refuse to confirm or deny whether it held any information falling within the scope of this request.
Section of Act/EIR & Finding: EIR 13 - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld