The Freedom of Information Act 2000 (FOI act) gives the public the right to access information held by public authorities. It aims to foster open government. However, the Act does put limits on this right. One of these limits is vexatious requests – those that are deemed burdensome or intended to disrupt the functioning of public authorities.
________________________________________________________________________________________________
________________________________________________________________________________________________
Understanding Vexatious Freedom of Information Requests
Vexatious requests are characterised by their disruptive nature, often lacking a genuine intention to seek information. Instead, they may aim to harass, cause annoyance, or place an undue burden on the responding body. These requests can take many forms. They will range from incessant trivial requests to overly broad demands that require extensive resources to address.
One of the most important things to bear in minds is that requests may be vexatious, but never people.
Legal Framework
Under the Freedom of Information Act 2000, Section 14 specifically addresses vexatious freedom of information requests.
This provision allows public authorities to refuse requests that are vexatious, ensuring that the FOIA’s purpose of promoting transparency is not undermined by misuse. Several precedents have further defined and shaped the application of this provision, providing a legal backdrop for its enforcement.
What Does the Act Say?
Section 14(1) of the FOI Act reads:
[The Act] does not oblige a public authority to comply with a request for information if the request is vexatious.
It therefore doesn’t define vexatiousness or set a threshold for when it is reached.
________________________________________________________________________________________________
Sign Up Here:
________________________________________________________________________________________________
The Impact of Vexatious Requests on Public Authorities
Vexatious requests can significantly strain the resources of public authorities. These requests often necessitate considerable time and effort to process, diverting attention from legitimate inquiries and essential public services. The administrative burden can be substantial, impacting efficiency and the allocation of resources within these organisations.
It is therefore important that all public authorities subject to the FOI Act are able to identify and justifiably react to vexatious requests when they receive them.
Determining Vexatiousness
The Information Commissioner’s Office (ICO) provides guidelines to help public authorities determine whether a request is vexatious.
Factors to consider include the context and history of the request, the burden on the authority, the motive and behaviour of the requester, and the potential value of the information requested.
We recommend setting a high threshold for vexatiousness because most requests will not be deliberately designed to cause you inconvenience or harassment. It is not vexatious when people:
-
make complaints alongside their request for information
-
are rude or difficult when it comes to making or handling their request
-
make repeated requests or ask for large volumes of information
Examples
Let’s explore the concept of vexatiousness with two examples:
Vexatious Request
The staff at a public authority went on strike. At the time the strike was ongoing the authority received a large number of similar freedom of information requests.
The public authority considered it was the subject of a concerted campaign to inconvenience it and waste its resources, being done in support of the striking staff. It decided the requests were vexatious and decided not to respond.
Non-vexatious Request
A small business lost a contract with a public authority. The business owner made a series of complaints about the loss of the contract and also a number of freedom of information requests seeking information in relation to his complaints.
Although the requests were time consuming to deal with and were linked to a complaint they were genuine and there was no reason to consider them vexatious freedom of information requests.
Responding to Vexatious Requests
If you decide that a request you receive is vexatious you must:
-
keep a clear record of your decision and the reasons for it
-
write to the requestor with a “refusal notice” explaining that under section 14 of the FOI Act you will not be responding to the request.
Requestors can complain to the Information Commissioner so you should ensure you can explain your decision if you need to.
Preventive Measures
To mitigate the impact of vexatious freedom of information requests, public authorities can implement several preventive strategies.
To help recognise requests of this type you should develop comprehensive policies, providing training for staff, and raising awareness about the nature of vexatious requests.
You can also clearly set out your approach to handling vexatious requests on your website, to help ensure people understand the likely outcome if they make an invalid FOI request.
__________________________________________________________
Gain the practical skills you need work with Freedom of Information and GDPR with these five-star rated training course.
Available in person, online or in-house the focus on practical skills and unique post-course support you get by learning with us will ensure you and your organisation can tackle this key governance activity with confidence.
__________________________________________________________
Conclusion
Vexatious requests present a complex challenge within the framework of the Freedom of Information Act 2000. While the act promotes transparency and accountability, it also contains protections against its abuse. By understanding the characteristics of vexatious requests, adhering to policy, and implementing preventive measures, public authorities can navigate this challenge effectively.