Upper Tribunal (Administrative Appeals Chamber)

Evans v The Information Commissioner (Correspondence with Prince Charles in 2004 and 2005) (Information rights : Data protection) [2015] UKUT 382 (AAC) (08 July 2015)

 

Upper Tribunal (Administrative Appeals Chamber)

Appeal Number: GI/2146/2010; Neutral Citation Number [2015] UKUT 382 (AAC)

Comprising 7 transfers by the First-tier Tribunal of appeals from decision notices issued by the Information Commissioner (see Open Annex 1 to the Decision and Reasons dated 18 September 2012)

 

INFORMATION RIGHTS:

 

DECISION AND REASONS OF THE UPPER TRIBUNAL

ON SUBSTITUTED DECISION NOTICES:  8 July 2015

 

Before:

Mr Justice Walker

Upper Tribunal Judge John Angel

Ms Suzanne Cosgrave

 

Between

 

Rob Evans (Appellant)

-and-

Information Commissioner (Respondent)

Concerning correspondence with Prince Charles in 2004 and 2005

 

Additional Parties:

(1) Department for Business, Innovation and Skills

(2) Department of Health

(3) Department for Children, Schools and Families

(4) Department for Environment, Food and Rural Affairs

(5) Department for Culture, Media and Sport

(6) Northern Ireland Office

(7) Cabinet Office

 

 

 

DECISION OF THE UPPER TRIBUNAL ON SUBSTITUTED DECISION NOTICES

The substituted decision notice annexed to this decision shall be substituted for each of the Information Commissioner’s decision notices listed in paragraph 1 of that notice.

 

REASONS FOR DECISION ON SUBSTITUTED DECISION NOTICES

Our Decision and Reasons dated 18 September 2012 envisaged that we would need to rule on issues concerning redaction of personal details of individuals other than Prince Charles. In the event, this has not proved necessary: Mr Evans has stated that he does not object to the provisional redactions that were made by the Departments in this regard. In these circumstances all issues which arise in the appeals have now been dealt with, and accordingly we can proceed to issue substituted decision notices in the terms annexed. Those terms largely reflect wording which was helpfully agreed between the parties. We have made minor revisions, mainly in order to list the relevant documents in the order that they are dealt with in the June 2015 Annex to the September 2012 decision.

 

 

Signed:

 

Paul Walker

 

John Angel

 

Suzanne Cosgrave

 

8 July 2015

Annex to Decision and reasons dated 8 July 2015:

IN THE UPPER TRIBUNAL, ADMINISTRATIVE APPEALS CHAMBER

ON TRANSFER FROM THE FIRST-TIER TRIBUNAL

GENERAL REGULATORY CHAMBER (INFORMATION RIGHTS)

GI/2146/2010

BETWEEN:

MR ROB EVANS

Appellant

and

THE INFORMATION COMMISSIONER

Respondent

and

(1)  DEPARTMENT FOR BUSINESS, INNOVATION & SKILLS

(2)  DEPARTMENT OF HEALTH

(3)  DEPARTMENT FOR CHILDREN, SCHOOLS & FAMILIES

(4) DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS

(5) DEPARTMENT FOR CULTURE, MEDIA & SPORT

(6) NORTHERN IRELAND OFFICE

(7) CABINET OFFICE

Additional Parties

 

SUBSTITUTED DECISION NOTICE

 

1. This Decision Notice is issued by the Upper Tribunal in substitution for the following Decision Notices issued by the Respondent (collectively, “the Original Decision Notices”):

(1) Decision Notice FS50080240 dated 15^th December 2009, in respect of the Department for the Environment, Food and Rural Affairs.

(2) Decision Notice FS50080233 dated 15^th December 2009, in respect of the Department for Business, Innovation and Skills.

(3) Decision Notice FS50080238 dated 15^th December 2009, in respect of the Department for Children, Schools and Families.

(4) Decision Notice FS50080243 dated 15^th December 2009, in respect of the Department for Culture, Media and Sport.

(5) Decision Notice FS50101577 dated 15^th December 2009, in respect of the Northern Ireland Office.

(6) Decision Notice FS50114757 dated 15^th December 2009, in respect of the Cabinet Office.

(7) Decision Notice FS50080236 dated 21^st December 2009, in respect of the Department of Health.

 

2. Each Additional Party must, as regards each Relevant Document relating to that Additional Party, disclose to the Appellant the information contained in that Relevant Document, except for the information contained in the Permitted Redactions.

 

3. The “Relevant Documents” are listed in the Schedule to this Decision Notice, which also identifies the Additional Party to which each of those documents relates.

 

4. The “Permitted Redactions” are those redactions that were made in the version of the Relevant Documents that was supplied to the Upper Tribunal and the other parties by the Additional Parties on 13^th May 2015.  They comprised (1) redactions identified by the Upper Tribunal in the closed annex dated 10 October 2012 to its decision dated 18 September 2012, and (2) provisional redactions identified by the Additional Parties in order to prevent breach of data protection principles in relation to data of individuals other than Prince Charles. The Appellant informed the Upper Tribunal and the other parties on 11^th June 2015 that he did not object to the provisional redactions.

 

5. In the Original Decision Notices the Respondent made a number of findings that the Additional Parties had breached the procedural requirements of the Freedom of Information Act 2000 (“FOIA”) and/or the Environmental Information Regulations 2004 (“EIR”) in the way in which they handled the Appellant’s requests for information.  Those findings were not the subject of any appeal by the Additional Parties and are consequently repeated in this Substituted Decision Notice, as follows:

(1) The Department for Environment, Food and Rural Affairs breached EIR regulation 11(4) and regulations 14(1) to 14(3) (see paragraph 107 of the relevant Original Decision Notice).

(2) The Department for Business, Innovation and Skills breached FOIA section 17(1) (see paragraph 138 of the relevant Original Decision Notice).

(3) The Department for Children, Schools and Families breached FOIA section 17(1) (see paragraph 154 of the relevant Original Decision Notice).

(4) The Department for Culture, Media and Sport breached FOIA section 17(1) and EIR regulations 5(2), 11(4), 14(1), 14(2), and 14(3) (see paragraph 104 of the relevant Original Decision Notice).

(5) The Cabinet Office breached EIR regulation 11(4) and regulations 14(1) to 14(3) (see paragraph 186 of the relevant Original Decision Notice).

(6) The Department of Health breached EIR regulation 11(4) and regulations 14(1) to 14(3) (see paragraph 186 of the relevant Original Decision Notice).

 

6. The disclosures required by paragraph 2 above were made by the Additional Parties to the Appellant on 13^th May 2015.  Consequently, no further action by the Additional Parties is required.

 

 

 

 

 

 

SCHEDULE

 

A. Relevant documents in respect of the Northern Ireland Office

A1. Letter from Prince Charles to Paul Murphy 6^th September 2004.

A2. Letter from Paul Murphy to Prince Charles 13^th October 2004.

 

B. Relevant documents in respect of the Cabinet Office

B1. Letter from Prince Charles to Tony Blair 8^th September 2004.

B2. Letter from Tony Blair to Prince Charles 11^th October 2004.

B3. Letter from Prince Charles to Tony Blair 24^th February 2005

B4. Letter from Tony Blair to Prince Charles 30^th March 2005

 

C. Relevant documents in respect of the Department of Health

C1. Letter from John Reid to Prince Charles 8^th October 2004

C2. Letter from John Reid to Prince Charles 13^th January 2005

C3. Letter from John Reid to Prince Charles 11^th February 2005

C4. Letter from Prince Charles to John Reid 24^th February 2005

C5. Letter from John Reid to Prince Charles 21^st March 2005

 

D. Relevant documents in respect of the Department for Culture, Media and Sport

D1. Letter from Paul Kefford to Heather Rogers 5^th October 2004.

D2. Letter from Heather Rogers to Paul Kefford 19^th October 2004.

D3. Letter from Tessa Jowell to Prince Charles 28^th February 2005.

D4. Letter from Prince Charles to Tessa Jowell 27^th March 2005.

D5. Letter from Prince Charles to Tessa Jowell, 30^th March 2005.

 

E. Relevant documents in respect of the Department for Children, Schools and Families.

E1. Letter from Charles Clarke to Prince Charles 7^th September 2004.

E2. Letter from Clarence House to Charles Clarke 28^th October 2004.

E3. Letter from Prince Charles to Charles Clarke 24^th November 2004.

E4. Letter from Ruth Kelly to Prince Charles 14^th February 2005

E5. Letter from Prince Charles to Ruth Kelly 22^nd February 2005.

E6. Letter from Ruth Kelly to Prince Charles 25^th March 2005.

 

F. Relevant documents in respect of the Department for the Environment, Food and Rural Affairs.

F1. Letter from Elliot Morley to Prince Charles 30^th September 2004.

F2. Letter from Prince Charles to Elliot Morley 21^st October 2004.

F3. Letter from Elliot Morley to Prince Charles 10^th November 2004.

 

 

G. Relevant documents in respect of the Department for Business, Innovation and Skills.

G1. Letter from Patricia Hewitt to Prince Charles 6^th October 2004.

G2. Letter from Prince Charles to Patricia Hewitt 8^th November 2004.