Introduction Part 1: 01 | 02 | 03 | 04 Part 2: 01 | 02 | 03 | 04 Annexes: annex A
4.1 Section 37(1)(a) refers to information which is exempt if it relates to communications with certain individuals. Any exemption which works by reference to the content of the information may also apply to information contained in a communication with the Royal Family and Royal Household. For example, the record of a conversation between the Prime Minister and the Sovereign may be covered by the 'formulation and development of government policy' provisions of section 35(1)(a). (It should be noted, however, that it will not be covered by the provisions of section 35(1)(b) on Ministerial communications, since this refers only to communications between ministers). Section 28 (relations within the United Kingdom), and section 36 (prejudice to the effective conduct of public affairs) may also be relevant.
4.2 The exemption at Section 41(1) exempts information if its disclosure would constitute a breach of confidence actionable in the courts. The Sovereign is in a unique constitutional position and it is in recognition of the fact that the confidentiality of such communications is of constitutional, rather than merely personal, significance that section 37 makes special provision for it. Whilst section 41(1) might apply to information given in confidence by members of the Royal Household it may not apply to information supplied in confidence by the Sovereign to government departments, due to the Sovereign's constitutional position.
4.3 Personal information relating to Her Majesty and other members of the Royal Family is likely to be exempt under section 40. That means that questions about its disclosure will be governed by the Data Protection Act. However, that Act relates only to personal information relating to living individuals. In some circumstances the public interest in preserving the dignity and standing of the Monarchy might be endangered by the release of personal information relating to recently deceased members of the Royal Family. In these circumstances providing the information related to communications with Her Majesty, other members of the Royal Family, or with the Royal Household, and providing it was contained in records less than 30 years old the information might be exempt under section 37(1)(a). Information relating to the recently deceased the release of which would breach the rights to family life of the relatives of the deceased may be exempt under section 44.