14 April 2006
Public bodies should not be afraid of turning down freedom of information requests if answering them would be disproportionately time-consuming and costly, the Office of the Information Commissioner has said.
Speaking to Public Finance, assistant information commissioner Phil Boyd said the office would back up any public authorities that took a firm line in turning down 'vexatious' requests.
He said that although most people use their rights under the Freedom of Information Act in a responsible manner, some developed a 'bee in their bonnet' and submitted requests that would take too much time to process.
'This may turn the Freedom of Information Act into a charter for nuisances, and it may give the impression to public authorities that, rather than achieving greater transparency and accountability, the Act becomes another route through which some rather difficult individuals can give them a hard time,' Boyd told PF.
Last month, the commissioner upheld Birmingham City Council's decision to turn down numerous requests made by a persistent individual on the grounds that they were 'vexatious' and thus exempt under Section 14 of the Act.
The complainant submitted a total of 38 requests over March and April 2005 asking for information on everything from pedestrian journeys to and from post offices to pupil turnover in the school year. The council estimated that the requests would have cost more than £3,500 to process.
The OIC has issued guidance on Section 14. Boyd said: 'We have taken a robust view of what is a vexatious request. Hopefully [this judgement] will encourage other authorities to take a firm line in appropriate cases.'
PFapr2006
