Refusal of Multiple FOI requests

Summary

The Department of Infrastructure refused multiple Freedom of Information requests regarding airport scanners, port construction, and sea wall heights, classifying them as vexatious due to their frequency and burden on resources.

Key Facts

• The requests were refused under section 11(3)(d) of the Freedom of Information Act 2015 as vexatious.
• The requester submitted 17 individual requests over a 15-week period.
• These requests accounted for almost one-third of all requests received by the Department since January 2017.
• The Department had previously issued three formal warnings advising the requester to comply with the Act.
• The refusal applies to the specific requests rather than the requester personally.

Data Disclosed

• 28th February 2018
• 4th March 2018
• 6th March 2018
• 15 weeks
• 17 individual requests
• 6 requests to one Division
• 3 withdrawn requests
• January 2017
• almost one third
• section 11(3)(d)
• section 2.4(b)
• section 2.2(b)
• decision notice 2016/0003

Exemptions Cited

• Section 11(3)(d) of the Freedom of Information Act 2015 (Vexatious requests)

Original Request

Following completion of the Promenade Scheme how much higher will the sea wall will be when compared to current heigth when measured from the pedestrian walk way

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Requests under the Freedom of Information Act 2015 (“The Act”)

Thank you for your requests dated 28th February, 4th and 6th March 2018

Your request (clarification in blue italic) (Sic)

Request number Date Questions IM122771I 28/02/18 The Manufactuers name for the extra eqt for the return ttrays and reeders. A copy of pro order agreed price of the above Was a tenerder procedure carried out for the building cost, how many contractors tendered. What date will the above be completed by
Clarification: with regards to Airport Scanner FOI response IM121284i IM123290I 04/03/18 The Contract betwwen the Peel Company and IMO Govt for the construction of a new berth on the Mersey. The latest cost estimate for the project
IM123632I 06/03/2018 Following completion of the Promenade Scheme how much higher will the sea wall will be when compared to current heigth when measured from the pedestrian walk way

Response to your requests

While our aim is to provide information whenever possible, on this occasion a practical refusal reason under section 11(3)(d) of FOIA applies, which cannot be removed despite the Department providing advice and assistance to you. Specifically, a public authority may refuse to give the information requested if the request for information is malicious, frivolous, misconceived or lacking in substance. Therefore, we are refusing your above listed requests. Our reasons are given below.

Examples of factors which a public authority may take into account in determining if your request is vexatious are set out in the Code of Practice issued under s60 of the Act, an extract of which you can find in Appendix 1.

Frequent, overlapping, burdensome and frivolous

We consider that a number of these factors apply to your requests: under section 2.4(b) of the Code of Practice, these requests are both ‘frequent or overlapping’ and are a ‘burden on an authority’; for these reasons, we consider that your requests fall within the classification of vexatious and we are therefore within the legal protections of the Act which allow us to refuse them.

While some of the requests appear reasonable, most of them ask more than one question, and some of them required further clarification. While we are not commenting on the subject matter of your questions the Department cannot reasonably be expected to process all of these requests at the same time as dealing with other submitted requests. The effort required will be disproportionate in terms of the strain on time and resources. Please be assured that, in accordance with section 2.2(b) of the Code, this refusal is being applied to the requests, and not the requester.

For your information you have, over the last 15 weeks, submitted 17 individual requests, 6 of which have gone to one Division, and 3 have been withdrawn. This means that in total, your requests make up almost one third of the requests received by the Department of Infrastructure since January 2017.

The guidance on freedom of information on the Isle of Man Government’s website states:

“Aim for one question per request. Asking for lots of different information within one request can make it difficult to understand what you are requesting.”

However, we understand that it may be difficult to compress your request into just one question; therefore we would expect it to cover only one, clearly defined topic, and not consist of many parts.

The Information Commissioner’s (IC) Guidance for making the most of your request and an extract from the IC’s decision notice 2016/0003 (paragraphs 22 and 23) are attached in Appendix 2. This should be considered for all future requests to avoid rejection.

Advice and Assistance

In accordance with the Act and the Code of Practice, the Department believes that it has gone out of its way to advise and assist with your requests. Every time we have sought clarification we have advised you of the requirements of the Act. The Department has also written to you formally on three occasions offering advice, and warning that if you continue to disregard the advice given, then we would have no other option than to refuse your requests, a decision we do not take lightly.

Should you wish to re-submit your requests in accordance with the Act and the advice we have provided, we would be more than happy to process them.

Your right to request a review

If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it

electronically to foi.doi@gov.im or by delivery/post to The FOI Co-ordinator, Department of Infrastructure, Sea Terminal Buildings, Douglas, IM1 2RF. An electronic version and paper version of our complaint form can be found by going to our website at www.gov.im/foireview

Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on;

1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or

2 Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your rights to review is on the Information Commissioner’s website at: www.inforights.im/

Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about Freedom of Information requests can be found at https://www.gov.im/about-the-government/freedom-of-information/

Yours sincerely

Maggie Farmer PCdp Freedom of Information Co-ordinator