Crown Estate FOIA Section 40(2) Personal Data Exemption Upheld

The ICO issued a Decision Notice concluding that The Crown Estate correctly applied section 40(2) of the Freedom of Information Act 2000 to withhold the name of a staff member from disclosure. The complainant sought the lease for East Lodge, Sunninghill Park, and the staff member's identity. The Crown Estate disclosed the lease but withheld the name, relying on sections 40(2), 38(1), 41, and 43(2). The ICO determined that section 40(2) alone was sufficient justification, making it unnecessary to consider the other exemptions cited.

For public authorities handling FOIA requests, this Decision Notice reinforces that section 40(2) is a robust exemption for personal data, particularly where disclosure could affect the health, safety, or privacy of individuals. Authorities should ensure their refusal notices clearly articulate why disclosure would breach data protection principles under Article 5(1) of the UK GDPR, as the ICO assessed here. The decision sets a precedent for how personal information exemptions should be applied in similar property-related FOIA requests involving public figures or royal premises.