Vexatious or repeated requests

The briefing below provides guidance on the Commissioner's general approach to:

Vexatious or repeated requests – section 14(1) and 14(2) FOISA: Scottish public authorities are not obliged to comply with requests for information that are vexatious or repeated.
Manifestly unreasonable or general requests – regulations 10(4)(b) & (c) EIRs: Scottish public authorities may refuse requests for environmental information that are manifestly unreasonable, while regulation 10(4)(c) justifies refusal where requests are formulated in too general a manner.
Frivolous or vexatious applications – section 49(1) FOISA: this applies to applications made to the Commissioner under FOISA and the EIRs, and gives the Commissioner the discretion not to reach a decision on an application which, in the Commissioner's opinion, is frivolous or vexatious

These provisions aim to protect the credibility and effectiveness of freedom of information laws. Most applicants exercise their rights to information responsibly; however, these provisions provide a way of dealing with the few applications that are manifestly unreasonable, or would impose a significant burden on the financial and human resources of public authorities.

Public authorities should not use these provisions lightly - applicants cannot be unjustly denied the opportunity to make a genuine information request. Requests may be inconvenient, and meeting them may at times stretch an authority's resources, but these factors are not on their own sufficient to deem a request vexatious or manifestly unreasonable.

The briefing below is intended to provide general guidance on the interpretation and application of the relevant section. Please remember that all requests for information must be considered on a case by case basis - the Commissioner's conclusions on a particular matter will depend on the circumstances of that case.

Download the briefing - 182Kb (PDF)