Tribunal overturns decision on University of York's FOIA request

Tribunal Overturns Information Commissioner's Decision on University of York FOIA Request

The First-tier Tribunal (General Regulatory Chamber) delivered a significant ruling in favour of Peter Stead, allowing his appeal against the Information Commissioner's decision regarding a Freedom of Information Act (FOIA) request directed at the University of York.

The case revolved around Mr Stead's request for emails between Dr Anna Bull and key figures involved with the Creative Industries Independent Standards Authority (CIISA). The University had previously refused the request, citing section 14(1) of the FOIA, which pertains to vexatious requests. The Information Commissioner upheld the University's decision, prompting Mr Stead to appeal.

The Tribunal, comprising Judge Sophie Buckley, Dr Phebe Mann, and Anne Chafer, examined the circumstances surrounding the request. They found that the request was not vexatious, as it had a serious purpose and potential public interest, particularly in understanding the relationship between the University and CIISA.

Mr Stead's request was initially denied by the University on the grounds that it was vexatious, suggesting it was an attempt to circumvent a previous decision. However, the Tribunal disagreed, noting that the request had a legitimate foundation and was not burdensome, involving only eight email threads.

The Tribunal's decision highlighted the importance of transparency and accountability in public institutions, especially when linked to influential bodies like CIISA. They noted that Mr Stead's interest in the relationship between the University and CIISA was valid and could contribute to public understanding.

Furthermore, the Tribunal dismissed the notion that Mr Stead's request was harassing or distressing to the University's staff, finding insufficient evidence to support such claims. The ruling emphasised the need for a high threshold to deem a request vexatious, aligning with the principles of FOIA to ensure public access to information.

As a result, the Tribunal ordered the University to issue a fresh response to Mr Stead's request, excluding reliance on section 14(1), and to consider any applicable exemptions under the FOIA.

This decision underscores the balance FOIA seeks to maintain between protecting public resources and ensuring transparency and accountability in public bodies. It serves as a reminder of the high standard required to classify a request as vexatious and the importance of public interest in such determinations.

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For more information on data protection, see BeCivil's guide to English Data Protection Law.

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