Alan Dransfield's Blog

Alan Dransfield's Blog

Freedom of Information and Health and Safety

This blog is aimed at shaming those who ignore health and safety and those who abuse the Freedom of Information Act out of laziness, corruption or to cover up incompetence.

Vexatious on the whim of any passing lunatic

VexatiousPosted by Sheila Oliver Thu, February 07, 2019 19:33:40
https://ico.org.uk/media/action-weve-taken/decision-notices/2017/2013939/fs50610253.pdf

"83. The term “vexatious” is not defined in the FOIA. The Upper Tribunal (UT) considered the issue of vexatious requests in the Information Commissioner v Devon CC & Dransfield (UKUT 440 (AAC), 28 January 2013).1 The UT commented that “vexatious” could be defined as the “manifestly unjustified, inappropriate or improper use of a formal procedure”. This definition clearly establishes that the concepts of proportionality and justification are relevant to any consideration of whether a request is vexatious."


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