Information Commissioner's Office

Cabinet Office

9 November 2016, Central government

The complainant requested correspondence between the Prince of Wales and Tony Blair. The Cabinet Office refused the request under section 37(2) of the Freedom of Information Act 2000 (the Act) as it considered the information – if held – would relate to communications with the heir to the throne. The Commissioner considers that the information is environmental and so should be considered under the EIR. The Cabinet Office provided submissions to the Commissioner to refuse the request under regulation 13(5), to neither confirm nor deny whether any relevant personal data was held. The Commissioner’s decision is that the Cabinet Office has not applied regulation 13(5) correctly. He also finds that the Cabinet Office breached regulation 14(2) because it did not issue its initial response within 20 working days. The Commissioner requires the public authority to confirm or deny what information is held in relation to the complainant’s request under the EIR.

FOI 37: Upheld EIR 13(5): Upheld EIR 14(2): Upheld