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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department of Health (Decision Notice) [2009] UKICO FS50080236 (21 December 2009)
URL: http://www.bailii.org/uk/cases/UKICO/2009/FS50080236.html
Cite as: [2009] UKICO FS50080236
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Department of Health (Decision Notice) [2009] UKICO FS50080236 (21 December 2009)
Summary: The complainant requested copies of correspondence exchanged between The Prince of Wales and government ministers at the public authority over an eight month period. The complainant also requested a list and schedule of this correspondence. The public authority initially relied on the interaction of sections 37(1)(a) and 37(2) to refuse to confirm or deny whether it held any correspondence falling within the scope of the requests. During the course of the Commissioner-™s investigation the public authority confirmed to the complainant that it held correspondence falling within the scope of his requests but it considered this information to be exempt from disclosure on the basis of sections 37(1)(a), 40(2) and 41(1). The public authority also stated that although it did not believe any of the information to be environmental information, if it was, it would be exempt on the basis of regulations 12(5)(d), 12(5)(f) and 13(1). The public authority also confirmed that it believed that a list and/or schedule of correspondence sent by The Prince of Wales would be exempt from disclosure on the basis of sections 37(1)(a), 40(2) and 41(1) of the Act and that a list and/or schedule of information sent to The Prince of Wales would be exempt on the basis of sections 37(1)(a) and 40(2) of the Act. The Commissioner has concluded that some of the correspondence is environmental information and thus should be considered under the EIR rather than the Act. For the information that is environmental the Commissioner has concluded that this is exempt on the basis of regulations 12(5)(f) or 13(1). For the correspondence that falls within the scope of the Act the Commissioner has concluded that this information is exempt on the basis of sections 41(1) or 37(1)(a). The Commissioner has also concluded that, if they where held, lists and/or schedules of correspondence sent by or to The Prince of Wales are exempt on the basis of these same exemptions and exceptions. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR & Finding: FOI 37 - Complaint Not upheld, FOI 41 - Complaint Not upheld, EIR 11 - Complaint Upheld, EIR 12.5.f - Complaint Not upheld, EIR 13 - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld