Anthony Myles v The Information Commissioner
[2024] UKFTT 768 (GRC)
Simon Brown v The Information Commissioner
23 June 2023
[2023] UKFTT 541 (GRC)
First-tier Tribunal
Someone repeatedly asked the government for information, even harassing staff. The government refused, saying the requests were annoying. A judge agreed, saying the requests were too many and not important enough, and the person lost their appeal.
Key Facts
- •Simon Brown (Appellant) appealed a Decision Notice from the Information Commissioner (Respondent) upholding the Ministry of Defence's (MOD) refusal to disclose information about offences under military bye-laws.
- •The MOD refused the request under s. 14(1) of the Freedom of Information Act 2000 (FOIA), claiming it was vexatious.
- •The Appellant made numerous previous requests (33), and engaged in a campaign against the MOD, including naming staff publicly and recording interactions.
- •The Appellant's campaign (Trail Action Group) aimed for increased public access to MOD land.
Legal Principles
A request for information is vexatious under s. 14(1) FOIA if it is unreasonable.
Freedom of Information Act 2000
Determining vexatiousness involves a holistic approach considering burden on the public authority, requester's motive, request's value/serious purpose, and harassment/distress caused.
Dransfield v Information Commissioner [2015] EWCA Civ 4543, [2012] UKUT 440 (AAC)
The Tribunal can review findings of fact and legal decisions of the Information Commissioner.
Freedom of Information Act 2000
Outcomes
Appeal dismissed.
The Tribunal found the Appellant's request vexatious, balancing the legitimate campaign goals against the excessive number of requests, harassment of MOD staff, and the tenuous connection between the request and the campaign's core aims. The burden on the MOD outweighed the value of the information requested.