Deirdre Murphy v The Information Commissioner
[2023] UKFTT 512 (GRC)
Peter Robinson v Information Commissioner
23 October 2023
[2023] UKFTT 881 (GRC)
First-tier Tribunal
Someone asked the government for information. The government said no, calling it a repeat annoying request. A judge disagreed, saying the request was fair and the government must now answer.
Key Facts
- •Peter Robinson (Appellant) requested information from the Department of Finance (DoF) of the Northern Ireland Civil Service Human Resources (NICSHR) on 31 May 2022.
- •The DoF refused the request under sections 14(1) and 14(2) of the Freedom of Information Act 2000 (FOIA), citing vexatiousness and repetition.
- •The Information Commissioner upheld the DoF's decision.
- •Robinson appealed to the First-tier Tribunal (General Regulatory Chamber).
Legal Principles
Section 14(1) FOIA: A public authority does not have to comply with a vexatious request.
Freedom of Information Act 2000
Section 14(2) FOIA: A public authority is not obliged to comply with a substantially similar request unless a reasonable interval has elapsed.
Freedom of Information Act 2000
Definition of 'vexatious': Manifestly unjustified, or involving inappropriate or improper use of a formal procedure. Consider burden on authority, requester's motive, request's value/serious purpose, and harassment/distress to staff. Holistic approach required.
Information Commissioner v Devon CC and Dransfield [2012] UKUT 440 (AAC); [2015] EWCA Civ 454
Tribunal's powers: To allow the appeal if the notice is not in accordance with the law or to substitute a notice; to review findings of fact.
FOIA, section 58
Outcomes
Appeal allowed.
The Tribunal found the request was not burdensome, a disproportionate burden had not been placed on the DoF, the request had adequate justification, and was unlikely to cause disproportionate distress. The request was not vexatious.
Decision Notice IC-191916-Z3Y3 is not in accordance with the law.
The Commissioner's decision to uphold the DoF's refusal based on sections 14(1) and 14(2) of the FOIA was incorrect.
DoF must issue a fresh response to the request, not relying on sections 14(1) and 14(2) of the FOIA, within 35 days.
To ensure compliance with FOIA.