Hi Jonathan
I don't think you're being devil's advocate, I think you're right on the
money. Nevertheless, see what you think. Vexatious only extends so far,
and different principles apply when dealing with DP. But if a council
can demonstrate that a person is acting outside what DP requires (i.e.
reasonable intervals between requests) and meets the definition of
vexatiousness under FOI, the fact that the person refuses to accept some
reasonable case and resource management may bolster the case. The case
does need to be solid in the first place.
The ICO has accepted that it can be vexatious to send the same request
to different people, or to ignore single-points-of-contact arrangements
if they are justified. If a council tries to manage requests and
resources by putting reasonable arrangements in place, it's probably
vexatious to ignore them. A new request has to be taken on its merits,
but if related to an existing issue, it may well fit into the pattern.
Some vexatious decisions are related as much to volume as anything else.
Repeatedly making DP requests for data, especially if that does not
exist, is invalid. A person can't keep making requests unless a
reasonable interval have passed. On this basis, both under FOI and DP, I
think there's a case for managing a person and justifying a refusal to
respond to an excessive amount of correspondence. This needs to be built
on a strong foundation of having dealt with the requests properly at the
earlier stages. I think ICO agreement depends on being able to
demonstrate that the initial DP and FOI requests were dealt with
appropriately.
Cheers
Tim Turner
Information Governance Manager
NHS Manchester
1st floor
Parkway 3
Parkway Business Centre
Princess Road
Manchester, M14 7LU
[log in to unmask]
DDI: 0161 765 4174
Please note I only work on Tuesdays and one other day each week, so a
response may be delayed.
-----Original Message-----
From: Baines, Jonathan [mailto:[log in to unmask]]
Sent: 22 February 2011 10:39
To: Tim Turner; [log in to unmask]
Subject: RE: [data-protection] Vexatious requests/people
<devil's advocate> Should they decide to write to someone else, and make
a new FOI request, which, on its own terms is not vexatious, would you
say that it is nonetheless vexatious because they failed to comply with
your directions? And do you think the ICO would agree? </devil's
advocate>
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: Tuesday 22 February 2011 10:08
To: [log in to unmask]
Subject: Re: [data-protection] Vexatious requests/people
Hi
This is how I have seen it done many times.
Appoint a single point of contact, and instruct the complainant that
they should make all contacts with the council through that person. The
complainant should be told that they can only contact the council in
writing. There may be a legitimate DDA issue that might prevent the
person from putting their concerns and complaints in writing, but if
they have already done so, they cannot claim this now.
The contact centre should then politely terminate any calls ASAP telling
the person to write to the nominated single point of contact.
The nominated single point of contact should be robust, and should not
respond immediately to any contact.
Any requests and complaints which have followed your FOI process and
been found to be vexatious on internal review should be filed and not
responded to.
Cheers
Tim
Tim Turner
Information Governance Manager
NHS Manchester
1st floor
Parkway 3
Parkway Business Centre
Princess Road
Manchester, M14 7LU
[log in to unmask]
DDI: 0161 765 4174
Please note I only work on Tuesdays and one other day each week, so a
response may be delayed.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 22 February 2011 08:08
To: [log in to unmask]
Subject: [data-protection] Vexatious requests/people
How do others deal with vexatious people ? We have recently supplied
data and information in response to a SAR and FOI request. The person
continually rings the authority often 3 or 4 times a day speaking to the
same people for long periods of time asking for
documents/emails/statements which either do not exist or are held by
other organisations involved. Despite explaining this, tears ensue,
imaginery documents are asked for, accusations of conspiracy, official
complaints made against officers. Managers are not keen to stop these
calls at the call centre.
How do others deal with these sort of situations - replies off list if
you are happier !!
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