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Identifying relevant factors

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When considering whether a request is vexatious, you should start by identifying serious purpose and value in the request, including any objective public interest in the information. You should then consider the impact and burden of dealing with the request. It is not relevant whether the requested information may be exempt from disclosure. This module focuses on identifying factors on both sides. In the next module, you can assess how you consider and balance the factors, to take an overall approach.

This module also covers your understanding of when you can rely on section 14(1) to refuse a single burdensome request.

Good

  • You always identify purpose behind the request thoroughly.
  • You always identify wider public interest in the requested information objectively.
  • You always identify factors which would create an impact and burden in dealing with the request, objectively and thoroughly.
  • All relevant staff understand how to identify the factors which can be considered when applying section 14(1) to a single burdensome request.

Adequate

  • You usually identify purpose behind the request thoroughly.
  • You usually identify wider public interest in the requested information objectively.
  • You sometimes identify factors which would create an impact and burden in dealing with the request, objectively and thoroughly.
  • Most relevant staff understand how to identify the factors which can be considered when applying section 14(1) to a single burdensome request.

Unsatisfactory

  • You rarely identify purpose behind the request thoroughly.
  • You rarely identify wider public interest in the requested information objectively.
  • You rarely identify factors which would create an impact and burden in dealing with the request, objectively and thoroughly.
  • Relevant staff do not understand how to identify the factors which can be considered when applying section 14(1) to a single burdensome request.

 

More information

You should consider whether there is evidence of purpose and value, such as comments made by the requester, and the request's context and history. It may be helpful to consult other colleagues to gain an overall picture. You should avoid jumping to conclusions about a lack of value or serious purpose behind a request where it is not immediately clear.

More information

The requester may be more justified in making a request under FOIA if there's an objective public interest in the requested information. A public interest can encompass a wide range of values and principles relating to the best interests of society, including:

  • holding public authorities to account for their performance;
  • understanding their decisions;
  • transparency; and
  • ensuring justice.

There can be an overlap between private interests, which on their own may carry little weight, and a wider public interest.

More information

These may include the context and history of the request (for example, the number, pattern and duration of any previous requests), the breadth of the request, and any harassment or distress being caused to your organisation and staff. The size of your organisation may also be relevant.

More information

You can refuse a single burdensome request under section 14(1) FOIA, although there is a high bar. If your main concern is the cost of finding and extracting the information, you should consider the request under section 12. Section 14(1) may apply where the amount of time needed to review and redact the information would impose a grossly oppressive burden. You will need evidence that:

  • the requester has asked for a substantial volume of information;
  • you have concerns about potentially exempt information; and
  • you cannot easily isolate that information.