Information Commissioner's Office

Summary: The complainant requested various pieces of information relating to communications between HRH The Prince of Wales and the public authority. The public authority withheld the disputed information on the basis of the exemptions at sections 35(1)(a) (formulation or development of government policy), 36(2)(b) (free and frank provision of advice) 37(1)(a) (communications with the Royal Household), 40(2) (personal data), and 41 (information provided in confidence). To the extent that any of the information constituted environmental information, the public authority additionally relied on regulations 12(5)(f) (adversely affect the interests of person who provided information) and 13 (personal data). The Commissioner decided that all of the information which does not constitute environmental information was correctly withheld either on the basis of sections 41 or 37(1)(a). The environmental information was also correctly withheld either on the basis of regulations 12(5)(f) or 13. He did not therefore need to consider the applicability or otherwise of the exemptions at sections 35(1)(a) and 36(2)(b). The Commissioner however found the public authority in breach of sections 17(1), 17(1)(b) of the Act, and regulations 14(2) and 14(3) of the EIR.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 37 - Complaint Not upheld, FOI 41 - Complaint Not upheld, EIR 12.5.f - Complaint Not upheld, EIR 13 - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld