ICO The complainant submitted a number of requests to the Home Office which focused on correspondence which the Home Office may have exchanged with HRH The Prince of Wales and representatives of His Royal Highness. The Home Office initially refused to confirm or deny whether it held information falling within the scope of the requests on the basis of section 37(2) of the Act communications with the Royal Household. During the course of the Commissioner’s investigation the Home Office dropped its reliance on section 37(2) and confirmed to the complainant that it did hold information falling within the scope of his requests, albeit that it could not provide the information because to do so would exceed the appropriate cost limit at section 12(1) of the Act. The Commissioner is satisfied that to fulfil the requests would exceed the cost limit and therefore the Home Office can rely on section 12(1) to refuse to provide the requested information. The Commissioner is also satisfied that the Home Office has now provided the complainant with sufficient advice and assistance, in line with its duty at section 16 of the Act, so that he can submit a refined request that could be fulfilled within the cost limit, albeit that the Home Office has indicated that it would consider such information to be exempt from disclosure on the basis of section 37(1)(a) of the Act and also sections 40(2) ‘personal data and 41(1)’ information provided in confidence.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 12 – Complaint Not upheld, FOI 16 – Complaint Not upheld, FOI 17 – Complaint Upheld
[2010] UKICO FS50124339
Bailii
England and Wales
Updated: 28 July 2021; Ref: scu.531358