Retention of PREM 19 records

Request

I am interested in information relating to the following folders PREM that were transferred to the National Archive and was previously available to the public:

• PREM 19/4064
• PREM 19/4618
• PREM 19/5955
• PREM 19/3657

I would like answers to the following for each folder:

• When was each folder transferred to the archive?
• How long was each folder available for public examination?
• Can you give a number of how many times each folder was accessed by the public?
• When did the Cabinet Office request the return of each folder?
• Has the Cabinet Office indicated when they will be returning each folder, if so can you give a date?
• If not, has the Cabinet Office confirmed they will permanently retain each folder?

Could you also please release to me any related correspondence transfer, withdrawal and retention of each folder.

Outcome

Some information provided.

Response

1. When was each folder transferred to the archive?

• PREM 19/4064 was retained at the point of transfer on 07/06/2018.
• PREM 19/4618 was retained at the point of transfer on 25/10/2018.
• PREM 19/5955 was retained at the point of transfer on 22/11/2020.
• PREM 19/3657 was transferred on 02/11/2017.

2. How long was each folder available for public examination?

• PREM 19/4064, PREM 19/4618 and PREM 19/5955 were retained at transfer, therefore, have never been available to the public at TNA.
• PREM 19/3657 was made available to the public up until 28/11/2017.

3. Can you give a number of how many times each folder was accessed by the public?

None of the records covered by this request have been accessed by the public at TNA.

4. When did the Cabinet Office request the return of each folder?

• PREM 19/4064 was retained at the point of transfer on 07/06/2018.
• PREM 19/4618 was retained at the point of transfer on 25/10/2018.
• PREM 19/5955 was retained at the point of transfer on 22/11/2020.
• PREM 19/3657 was requested on 28/11/2017.

5. Has the Cabinet Office indicated when they will be returning each folder, if so can you give a date? If not, has the Cabinet Office confirmed they will permanently retain each folder?

Information not held.

6. Could you also please release to me any related correspondence about transfer, withdrawal and retention of each folder.

Please see below for a schedule detailing relevant documents that The National Archives holds about the transfer, withdrawal and retention of each of the four archival records you have referred to. Redacted PDFs for each document are available upon request. Please email FOIRequests@nationalarchives.gov.uk to request copies.

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.