The Attachment
I write in connection with your request for information, received by this office on [DATE]. I understand you are requesting information concerning:
[SUBJECT RELATING TO 0870/0845]
Requests to public authorities on this subject have been many and numerous since the introduction of the Freedom of Information Act 2000. Much public debate has already been generated over the introduction of these numbers.
Various campaign groups have formed and on numerous occasions have posed the same or similar questions. The responses have been posted on a range of websites and this has led to articles and copies of the information appearing in the national media. The information has been placed in the public domain.
In addition to the tactic of repeatedly asking the same question, the responses have often been debated in chat rooms, on websites and in other types of publications. During these discussions, derogatory personal comments have been made about members of the police service. Other generic insults have also been published. In some cases, these actions have been supplemented by rude and aggressive personal contact via telephone.
The result has been personal stress and anguish caused to members of staff and this has undermined the efficiency and effectiveness of the forces concerned. More importantly, these actions have caused harm to the individuals involved. It is the view of the police service that any form of attack on it staff will not be tolerated, simply because they are performing a public function.
It should be noted that [NAME OF POLICE FORCE] considers that this subject is now classified as vexatious under the terms of the Freedom of Information Act 2000 (FOIA).
Any requests on the subject will be refused using the Section 14 exemption. This exemption applies where the day-to-day functions of a public body, in particular its ability to manage the work that arises from its obligation to comply with the FOIA, are undermined by a number of apparently obsessive requests and the pursuit of continuing associated correspondence.
The whole philosophy behind the introduction of the FOIA is to achieve an effective balance between the individual’s right to know and an authority’s need to deliver its functions effectively. This balance is challenging to maintain. Whilst the police service wishes to optimise avenues of communication, the Information Commissioner’s view is that, where appropriate, we are entitled to produce an overall strategy, define suitable parameters and implement an approach to control situations such as this.
This position is further supported by the guidance issued by the Information Commissioner, ICO’s guidance no 22. A synopsis of this guidance follows:
The Commissioner is confident that most members of the public will exercise their new rights sensibly and responsibly. However, it is recognised that some individuals - and perhaps some organisations - may seek to abuse these new rights. Even though it may not have been the explicit intention of the applicant to cause inconvenience, it will be appropriate to treat the request as being vexatious. While giving maximum support to individuals genuinely seeking to exercise the new right to know, the Commissioner’s general approach will be sympathetic towards authorities where a request, which may be the latest in a series of requests, would impose a significant burden and:
· Clearly does not have any serious purpose or value
· Is designed to cause disruption or annoyance
· Has the effect of harassing the public authority
· Can otherwise fairly be characterised as obsessive or manifestly unreasonable
I regret that I am unable to meet your request but should you have any further information needs in the future then please contact me.
You have the right to ask us to review this decision. If you wish us to review this decision please set out your grounds for review in writing and send them to the [YOUR INFORMATION MANAGER INTERNAL REVIEW ADDRESS]
If you are still dissatisfied following an internal review you also have the right to appeal to the Information Commissioner at Commissioner’s Officer, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
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