National Archives

The complainant has requested copies of four closed files that relate to the late Rudolph Hess. The National Archives (‘TNA’) relied on section 37(1)(a) of FOIA (communications with the Sovereign and the awarding of honours) to withhold three of the files and advised that it was withholding the fourth file under section 40(2) of FOIA (third party personal information). TNA later withdrew its reliance on section 40(2) and disclosed the fourth file to the complainant. The Commissioner’s decision is that TNA was entitled to rely on section 37(1)(a) of FOIA to withhold the remaining three files. The Commissioner does not require further steps.