Department for Culture, Media and Sport (DCMS)

The complainant has requested correspondence and communications to and from the then Prince of Wales (now King Charles III) in his capacity as the then Duke of Cornwall regarding the Prince’s consent for the Data Protection Act 2018 within a specific time frame. After excessive delay in responding, the Department for Digital Culture Media and Sport (“DCMS”) responded. It said it held an email containing a letter seeking the Prince’s Consent but that it was withholding it under section 37(1)(a)(a) (Communications with the heir to the throne). It also explained that some information within that email was also being withheld under section 40. It denied holding other information also described in the requests. It upheld its position at internal review. The Commissioner’s decision is that DCMS is entitled to rely on section 37(1)(aa) as its basis for refusing to provide the information described in the request. In failing to respond within 20 working days, DCMS has not complied with its obligations under section 10 of the FOIA. No steps are required.