My understanding of a "vexatious" SAR is one designed solely to cause
inconvenience to the data controller. The way I see it, a first request
for information can't ever be perceived as vexatious. If you're
entitled to ask for your information, and don't need to give any
explanation as to why you want it, why shouldn't individuals use it as a
means to explore whether they may, or may not have the grounds to start
legal proceedings for whatever reason. Surely the whole point is that
someone may suspect that they have been wronged in some way, but may not
have the evidence to support that suspicion, and submitting a SAR,
either directly or through a solicitor, is one of the few mechanisms
they have of getting that evidence.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lloyd M J B (ISeLS)
Sent: 23 July 2004 09:15
To: [log in to unmask]
Subject: Re: [data-protection] Vexatious SAR's - uh?
A couple of points/questions here:
Firstly, and it applies to public authorities, the DPA doesn't allow for
a
vexatious request to be refused but the FoIA does. Do we consider
whether
the request for information is vexatious before applying the FoIA
exemption
as it is a request for personal information?
Secondly, we occasionally get SARS from solicitors acting on behalf of
their
clients and not necessarily in dispute with the University. Such
requests
are generally not time-consuming. My experience is that we deal with
requests from a small number of what I call committed individuals. A
particular piece of legislation does not create any extra work for us
from
these individuals. We just get on with it and release the information to
which they are entitled.
Mike Lloyd
> From: Peter Lane <[log in to unmask]>
> Reply-To: Peter Lane <[log in to unmask]>
> Date: Thu, 22 Jul 2004 22:07:57 +0100
> To: <[log in to unmask]>
> Subject: Vexatious SAR's - uh?
>
> Interesting article at :
>
> http://www.vnunet.com/news/1156820
>
> about the EC's involvement in the Durant issue and it's implications
etc.
> Nothing new there I suppose fro readers here although I did find the
> following extract rather amusing :
>
> .......George Gardiner of law firm Gardiner & Co supported the court's
> decision. "There has been a huge increase in vexatious data subject
requests
> as a prelude to litigation, but now these individuals have to look
elsewhere
> for their disputes," he said.
>
> Somewhat bizarre then that most of the "vexatious" SAR's I receive are
from
> law firms and solicitors (on behalf of their clients) or from
individuals
> who have been advised by law firms and solicitors to obtain
information as a
> platform for litigation !!!! - I hasten to add however that of course
not
> all law firms and solicitors carry on as described..........
>
> Friday looming.......
>
> Peter Lane.
>
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