Cabinet Office

The complainant submitted a request to the Cabinet Office for copies of correspondence between the then Prime Minister, Tony Blair, and The Duke of Edinburgh about the death of Diana, Princess of Wales. The Cabinet Office refused to confirm or deny whether it held any information falling within the scope of the request on the basis of the exemption contained at section 37(2) of FOIA, by virtue of section 37(1)(ac) which provides that information is exempt from disclosure if it relates to communications with, or on behalf of, a member of the Royal Family. It also sought to rely on section 40(5) (personal data) of FOIA. The Commissioner has concluded that section 37(2) is engaged and that in all the circumstances of the case the public interest favours maintaining the exemption.