On Wed, Jun 28, 2006 at 10:54:51AM +0100, Lee Gardiner wrote:
> The SIC is effectively saying the FOI request isn't valid with a pseudonym
> whereas the ICO is saying the use of a pseudonym may lead to a PA
> considering the request as potentially vexatious which is a separate issue
> so I wouldn't say it's the opposite position, just being looked at in a
> different light.
Guidance Note 22 (on vexatious and repeated requests) talks a little
about this:
The Act requires applicants to make requests for information
in writing and to state his or her name and an address for
correspondence. Technically, therefore a request submitted using
a pseudonym is not a proper request and could be refused on that
ground. However, the Act does not allow public authorities to
enquire into the circumstances of the applicant or to ask for
information in order to verify identities. Unless the public
authority *knows* that the applicant has used a pseudonym,
therefore, it will be difficult to refuse a request on that
ground.
A better starting point is the assumption built into the Act
that public authorities must generally discount the identity and
circumstances of the applicant and must regard any release of
information as if it were a release to the world at large. This
approach recognises that although applicants cannot gain any
advantage by using a pseudonym, they may have reasons for not
wishing to draw attention to themselves by using the names under
which they are normally known.
(emphasis in original)
Tony
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