Repeat requests

The Council is not obliged to comply with repeat requests for information, under either the DPA or the FOIA.  In reaching a decision about whether an application for access should be categorised as a repeat request the Council will have regard to:-

*  the time that has elapsed since the previous request;

*  whether the request is identical or substantially similar to the previous request;

*  whether any relevant, new information has been generated since the previous request.

Vexatious requests

The Council is not obliged to comply with vexatious requests under either the DPA or the FOIA.  The Council will apply the term ‘vexatious’ fairly and consistently.

In determining whether a request should be refused because it is vexatious the Council will consider all the circumstances of the request, including:-

*  the history of requests submitted by an applicant;

*  repeat requests submitted by an applicant (see, ‘Repeat requests’);

*  whether an applicant is habitually and persistently submitting requests where there appears to be no reasonable grounds for them to do so and where there is a strong likelihood that such requests are being made to intentionally cause harassment, divert resources and to disrupt the proper workings of the Council.

The Council will be aware that the term ‘vexatious’ should be applied to the activities of the applicant and not to their nature or attitude.

The applicant must be provided with a written notice from the Council stating that a request is deemed to be vexatious.