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National Archives

  • Date 11 July 2023
  • Sector Central government
  • Decision(s) EIR 5.1: Not upheld, EIR 5.2: Upheld, FOI 37: Not upheld

The complainant submitted a request to The National Archives (TNA) for all the environmental information held within the closed file, “PREM 19/4955 ROYAL FAMILY. HRH The Prince of Wales: part 4” (PREM 19/4955). TNA provided the complainant with a copy of some information, stating that it considered this to be all the environmental information that was held that was relevant to the request. TNA also confirmed that it considered the remaining information contained within closed file PREM 19/4955 to be exempt from disclosure under section 37(1)(a) – communications with the Sovereign, section 40(2) – personal data, and section 41(1) - information given in confidence, of FOIA. The Commissioner’s decision is that TNA has provided the complainant with a copy of all the environmental information held within the closed file PREM 19/4955. Furthermore, the Commissioner is satisfied that TNA is entitled to rely on section 37(1)(a) of FOIA as its basis for withholding the remaining information contained within that file. However, as TNA failed to provide the complainant with a copy of the environmental information that was held within the required statutory time period, the Commissioner has found a breach of regulation 5(2) of the EIR.