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HM Treasury

  • Date 9 March 2021
  • Sector Central government
  • Decision(s) FOI 40: Not upheld

The complainant has requested copies of any correspondence and communications to the Chancellor from The Duke and Duchess of York concerning the late Jeffrey Epstein or his business and charitable organisations made between the period 1 January 2000 to 1 January 2001.  Her Majesty’s Treasury (the Treasury) refused to confirm or deny whether it held the requested information and cited sections 40(5) (third party personal data) and 37(2) (communications with Her Majesty and other members of the Royal Family) as its basis for doing so.

The Commissioner’s decision is that the Treasury is entitled to rely on section 40(5B) of the FOIA to neither confirm or deny holding whether it holds the requested information.