ICO The complainant requested information relating to consultations with interested parties following the government’s proposal to strengthen the protection for Royal Family papers under the Freedom of Information Act. The proposal was made in view of the recommendation by the Dacre review of the 30 year rule that the government should, in parallel with adopting a reduction to a 15 year rule, also consider whether there was a case for enhanced protection for particularly sensitive information. The public authority withheld information on the basis of the exemptions at sections 35(1)(a) (formulation and development of government policy), 37(1)(a) (communications with Her Majesty etc), 40(2) (personal data), 41(1) (information provided in confidence) and 42(1) (legal professional privilege). The Commissioner found that the exemption at section 37(1)(a) was engaged in respect of all of the information held and in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosure. He however found the public authority in breach of section 17(1) (failure to issue a refusal notice within 20 working days).
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 37 – Complaint Not upheld
[2011] UKICO FS50269239
Bailii
England and Wales
Information
Updated: 10 December 2021; Ref: scu.530281
