FOI refusal notices
by june short - written 08/01/2011 10:17:13
RE: FOI refusal notices by Phil Bradshaw - written 23/03/2010 11:22:44
In addition to the ICO guidance, whist technically s17(5) does not have the s17(1) requirement to give an explanation when using "vexatious" I would say that, except where s17(6) applies (previous refusal) , it would be reasonable to provide an explanation as to why you are saying it is vexatious. If it is reasonable to do so then I think you must, as the duty to advise and assist still applies .
Further to the above written by Phil Bradshaw, the ICO is relying on the fact that I have been corresponding with an organisation for over ten years over breach of DPA to support his argument that a FOI request to the same organisation is vexatious. Can one law be used to prop up another?
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