Devon and Cornwall Constabulary (Decision Notice): ICO 18 Sep 2012

The complainant has requested information that relates to complaints he has made. The public authority has stated that the request is vexatious under section 14(1) of the FOIA. The Information Commissioner finds the request to be vexatious and, furthermore, he considers that any information would be the complainant’s ‘personal data’. This is because any information held would all relate to complaints he has made and it is therefore also exempt by virtue of the exemption at section 40(1). The exemption provided by section 40(5)(b)(i) should therefore have been applied which means that the public authority was not required to confirm or deny whether it holds any information under the Act. The Information Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2012/0214 struck out.
Section of Act/EIR and Finding: FOI 14 – Complaint Not upheld, FOI 40 – Complaint Not upheld

Citations:

[2012] UKICO FS50442276

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 11 August 2022; Ref: scu.529818