Line to take - LTT65 - Vexatious request for published information: Difference between revisions
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Latest revision as of 15:11, 13 December 2011
- FOI/EIR: FOI
- Section/Regulation: s14, s19, s21
- Issue: Vexatious request for published information
- Source: Policy Advice
- Details: Provided 11/06/2007
- Related Lines to Take: LTT25
- Related Documents: Awareness Guidance 22
- Contact: EW
- Date: 07/08/2007
- Policy Reference: LTT65
- © Copyright Information Commissioner's Office, re-used with permission
- Original source linked from here: LTT
Line to take
Public authorities may not refuse a request for information which should be available through its publication scheme on the grounds that it is vexatious.
Where a public authority has committed to publishing information in accordance with its publication scheme and the means of publication is the provision of copies, a request for this information may not be turned down on the grounds that it is vexatious. In such a situation, it can never be the case that responding to the request could impose a significant burden.
Requests for information in a publication scheme should be refused on the grounds that it is information reasonably accessible to the applicant by other means. Any failure to publish information in accordance with a publication scheme will be a breach of s19(1)(b).
Where a public authority’s publication scheme states that information will be published only by making it available to view on a parish notice board, for example, and it does in fact publish it in this way, it will still be exempt by virtue of s21, even if the applicant requests that they receive copies.*
(*) Inspection is a form a publication (see LTT25)