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Vexatious Requests

We can refuse to comply with a request for information on the grounds that the request is vexatious. This doesn’t mean we can refuse a request because we cannot imagine why the applicant would want it, or because too much effort is required to retrieve the information, or because of the embarrassment that disclose would cause. Remember, the term ‘vexatious’ must be applied only to the activities of the applicant and not to their nature or attitude.

Repeat (and thus potentially ‘vexatious’) requests may be occurring because an applicant has not been given sufficient advice and assistance in the first place, so that the response to their request has not been satisfactory. It is worth investing a little time at the beginning of the process to avoid further, frequent queries or requests from an applicant.

Where we think that the request is vexatious, repeated or involving costs exceeding the appropriate limit, we must give the enquirer a notice setting out the reasons for the refusal. This must be done within the same timescale for complying with the duties to confirm or deny and to communicate information.

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Last modified: 08/31/11