Transfer and retention of PREM 19/3263

Request

I am interested in information relating to the folder PREM 19/3263 that was transferred to the National Archive and was previously publicly available at the archive. I would like answers to the following:

1. When was PREM 19/3263 transferred to the archive?
2. How long was PREM 19/3263 available for public examination?
3. Can you give a number of how many times it was accessed by the public?
4. When did the Cabinet Office request the return of PREM 19/3263?
5. When did the Cabinet Office inform the National Archive that they would be retaining the folder?
6. Could you also please release to me any related correspondence concerning the initial transfer and subsequent return of PREM 19/3263 to the Cabinet Office.

Outcome

Some information provided.

Response

I can confirm that The National Archives holds information relevant to your request and am pleased to be able to provide some of this information to you.

We are unable to provide you with some of the information you have requested because it is covered by section 40(2) of the FOI Act. For further information about why this exemption has been applied, please see the explanatory annex at the end of this letter.

1. When was PREM 19/3263 transferred to the archive?
   
   29th June 2017
   
2. How long was PREM 19/3263 available for public examination?
   
   Until 23rd October 2017
   
3. Can you give a number of how many times it was accessed by the public?
   
   Produced 6 times for the public
   
4. When did the Cabinet Office request the return of PREM 19/3263?
   
   23rd October 2017
   
5. When did the Cabinet Office inform the National Archive that they would be retaining the folder?
   
   23rd October 2025
   
6. Could you also please release to me any related correspondence concerning the initial transfer and subsequent return of PREM 19/3263 to the Cabinet Office.
   
   PREM 19/3263 was retained by the Cabinet Office under the Security & Intelligence Instrument which does not require scrutiny or approval by TNA. No application is made to the Advisory Council on National Records and Archives (ACNRA) if records fall under this instrument. Government departments will independently identify records where retention is required in these cases.
   
   The National Archives holds documentation regarding the retention of PREM 19/3263. To request a copy of this documentation please email FOIRequests@nationalarchives.gov.uk

Some of the information within these PDFs has been redacted under section 40(2) of the FOI Act.

Annexe

Exemptions applied

Section 40(2): Personal Information where the applicant is not the data subject

Section 40 exempts personal information about a ‘third party’ (someone other than the requester), if revealing it would breach the terms of Data Protection Legislation. Data Protection Legislation prevents personal information from release if it would be unfair or at odds with the reason why it was collected, or where the subject had officially served notice that releasing it would cause them damage or distress. Personal information must be processed lawfully, fairly and in a transparent manner as set out by Art. 5 of the United Kingdom General Data Protection Regulation (UK GDPR).

In this case the exemption applies because the requested material contains the personal and the sensitive personal information of a number of identified individuals assumed still to be living. These individuals have a reasonable expectation of privacy which would not include the release of this information into the public domain by The National Archives during their lifetime. To do so would be likely to cause damage and/or distress and would be a breach of the first data protection principle, which is concerned with the fair, lawful and transparent processing of information of this kind.

Further guidance on the application of this exemption can be found on the ICO website.