Patricia O' Hanlon v The Information Commissioner & Anor
[2023] UKFTT 104 (GRC)
Darragh O’Sullivan v The Information Commissioner
27 February 2023
[2023] UKFTT 216 (GRC)
First-tier Tribunal
Someone asked the government for a lot of data. The government said it was too much work. A judge agreed, but said the government should have helped the person narrow their request.
Key Facts
- •Darragh O'Sullivan requested information from the Department for Education (DfE) via the Health and Safety Executive (HSE) under the Freedom of Information Act 2000 (FOIA).
- •The request sought data from the HSE's F10 Notifications database, containing details of construction projects.
- •The HSE refused the request, citing section 14(1) FOIA (vexatious request) due to the excessive burden.
- •The Appellant made suggestions to reduce the request's scope but the HSE did not respond adequately.
- •The Information Commissioner upheld the HSE's refusal but found a breach of section 16 FOIA for inadequate advice and assistance.
- •The Appellant appealed the decision to the First-tier Tribunal (General Regulatory Chamber).
Legal Principles
Right to information under FOIA
Freedom of Information Act 2000
Cost limitation for FOIA requests
Freedom of Information Act 2000
Vexatious requests under FOIA
Freedom of Information Act 2000
Guidance on vexatious requests
Information Commissioner v Devon CC and Dransfield [2012] UKUT 440 (AAC); [2015] EWCA Civ 454; Cabinet Office v Information Commissioner and Ashton [2018] UKUT 208 (AAC)
Duty to advise and assist requesters
Freedom of Information Act 2000
Tribunal's powers in FOIA appeals
Freedom of Information Act 2000
Unreasonable requests for environmental information
Environmental Information Regulations 2004
Outcomes
Appeal dismissed
The Tribunal found the request was vexatious under section 14(1) FOIA due to the grossly oppressive burden on the HSE, outweighing the public interest demonstrated.
HSE breached section 16 FOIA
The HSE failed to provide adequate advice and assistance to the appellant.