Information Commissioner's Office

Cabinet Office

9 November 2016, Central government

The complainant requested correspondence between the Prince of Wales (the Prince) and Tony Blair. The Cabinet Office refused to confirm or deny whether relevant information relevant to the request was held under section 37(2) of the Freedom of Information Act 2000 (the Act) because if any information was held it would relate to relate to communications with the heir to the Throne as per section 37(1)(aa). It also refused to confirm or deny whether any personal data in relation to environmental information was held under regulation 13(5)(a) of the EIR. For any information that is not environmental as per the EIR, the Commissioner considers that section the Cabinet Office is entitled to neither confirm nor deny whether information is held under section 37(2). He also finds that the Cabinet Office breached section 17(1) of the Act as it did not issue its refusal notice to the complainant within 20 working days following receipt of the request. For any information that is environmental as per the EIR, 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 refusal to the complainant within 20 working days following receipt of the request. The Commissioner requires the public authority to confirm or deny what environmental information is held in relation to the complainant’s request under the EIR.

FOI 37: Not upheld FOI 17: Upheld EIR 14(2): Upheld