We don't know whether the most recent response to this request contains information or not – if you are Jt Oakley please sign in and let everyone know.

Frivolity

We're waiting for Jt Oakley to read recent responses and update the status.

Dear Information Commissioner’s Office,

Could you please provide data on how many requests the ICO decided were frivolous in:

2015
2016
2017.

Yours faithfully,

Jt Oakley

AccessICOinformation, Information Commissioner’s Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

 

If you have requested advice - we aim to respond within 14 days.

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

 

Copied correspondence - we do not respond to correspondence that has been
copied to us.

 

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

 

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

 

Yours sincerely

 

The Information Commissioner’s Office

 

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Details of how to sign up for our monthly e-newsletter can be found at
[2]http://www.ico.org.uk/tools_and_resource...

 

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Information Commissioner’s Office

31 August 2017

 

Case Reference Number IRQ0698314

 

Dear Jt Oakley

Thank you for your recent request for information. We received your
request on 29 August 2017.
 
I have considered your request. Before I can progress your request, I
would like to ask you for some clarification about the information you are
trying to access. Without this clarification we are not able to respond to
your request.  
 
You made the following request:
 
“Could you please provide data on how many requests the ICO decided were
frivolous in:

2015
2016
2017.”
 
We are unclear whether you are referring to complaints made to us under
section 50 of Freedom of Information Act 2000 (FOIA) and that we have
deemed to be frivolous, or whether you mean information requests that we
have received and considered to be vexatious under section 14 of the FOIA
by virtue of being ‘frivolous’ (i.e. a request, as explained on pages 8-9
of our FOI section 14 guidance, where: “The subject matter is inane or
extremely trivial and the request appears to lack any serious purpose. The
request is made for the sole purpose of amusement” -
 [1]https://ico.org.uk/media/for-organisatio...).
 
If you would like us to progress your request please respond providing the
above clarification as soon as possible. Once we understand what
information you are trying to access we will respond to you within 20
working days.
 
If we do not receive your clarification within 20 working days, then we
will consider your request to be withdrawn and you will not receive a
response.
 
If you would like to withdraw your request there is no need to respond to
this.
 
If you would like to discuss your request please contact me using the IRQ
case reference number above or by replying to this email and leaving the
subject field unchanged.
 
Thank you for your interest in the work of the Information Commissioner's
Office.
 
Yours sincerely

Ian Goddard
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545823  F. 01625 524510  [2]ico.org.uk  [3]twitter.com/iconews
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Dear Mr Goddard,

Thank you for replying so promptly.

1. Under both ( or all) Sections .

2. Where the word frivolous ( or frivolity etc) is stated in the ICO response to the requester.

3. Since you quote the two Sections, I would like to know the Section stated in each request response.

For Example:

2016
10 - Section 14
5 - Section 50

:::

4. If there are any other data held by the ICO on why the frivolous opinion has been given by the caseworker, I would be obliged if the reasoning of frivolity is included with the ICO response. As I can't know your filing system, I cannot be exact.

However, as a guessed example :

Section 14- Frivolous reasoning: Because the requester has made several similar requests on an inane subject to the same organisation.

(Any further recorded explanation would be helpful - but within the time constraints.... but after the above has been researched).

::

The purpose of the latter part of the ( new and extended, as of today) request is to understand how the ICO forms an value judgement opinion of the 'frivolity' of a request. This hinges on the fact that the requester does not have to provide a reason for his/ her request under FOIA and therefore it it is not always apparent to the caseworker that the motive of a requester is obvious.

In this, I hope to clarify how the ICO judges 'frivolity' towards an opinion of such.

Which I would hope would be of some assistance to the general public who have recently fallen foul of the ICO's value judgements.

Thus helping and assisting the ICO to lessen the amount of 'frivolous' designations it has to make - by clarification of the ICO's process.

::
As an assistance :

The dictionary definition - which I understand may be different from the legal wording used by the ICO in its determinations.

frivolous
ˈ
adjective
1. not having any serious purpose or value."frivolous ribbons and lacy frills"
2. synonyms:
3. flippant, glib, waggish, joking, jokey, light-hearted, facetious, fatuous, inane, shallow, superficial, senseless, thoughtless, ill-considered, non-serious; More
4. 

* (of a person) carefree and superficial."the frivolous, fun-loving flappers of the twenties"
* synonyms:
* giddy, silly, foolish, facetious, zany, light-hearted, merry, superficial, shallow, lacking seriousness, non-serious, light-minded, whimsical, skittish, flighty, irresponsible, thoughtless, lacking in sense, feather-brained, empty-headed, pea-brained, birdbrained, vacuous, vapid.
* 


::::



I understand that you are required to respond to my request within 
the 20 working days after you receive this email. I would be 
grateful if you could confirm in writing that you have received 
this request.

::::::::

If appropriate , please consider  the ICO's Decision on the provision original documents on file, rather than newly written letters of response.
https://ico.org.uk/media/action-weve-tak...

50. However, if the requester expresses a preference to inspect the original documents (or copies of those documents) then we would expect the authority to provide them with a reasonable opportunity to view the originals (or copies), where practicable. 

https://ico.org.uk/media/for-organisatio...
Nb This request does not require a letter, drafted by the External Affairs department, or any other written input by reputational defence employees - and purporting to be the response to a FOIA request.

::


Please note: 
Section 77 FOIA 

77.—(1) Where—
(a) a request for information has been made to a public
authority, and
(b) under section 1 of this Act or section 7 of the Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,
any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.
(2) Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority. 

Yours faithfully,

Jt Oakley

AccessICOinformation, Information Commissioner’s Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

 

If you have requested advice - we aim to respond within 14 days.

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

 

Copied correspondence - we do not respond to correspondence that has been
copied to us.

 

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

 

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

 

Yours sincerely

 

The Information Commissioner’s Office

 

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[2]http://www.ico.org.uk/tools_and_resource...

 

Twitter

Find us on Twitter at [3]http://www.twitter.com/ICOnews

 

The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.

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Information Commissioner’s Office

1 Attachment

18 September 2017

 

Case Reference Number IRQ0698314

 

Dear J Oakley

Information request
 
I write in response to your email of 31 August 2017 in which you provided
clarification of a request for information to the Information
Commissioner’s Office (ICO). Your request has been dealt with in
accordance with the Freedom of Information Act 2000 (FOIA).
 
Your request
 
In your initial email of 29 August you made the following request:
 
“Could you please provide data on how many requests the ICO decided were
frivolous in:

2015
2016
2017.”
 
We wrote back to you on 31 August requesting clarification in the
following terms:
 
“We are unclear whether you are referring to complaints made to us under
section 50 of Freedom of Information Act 2000 (FOIA) and that we have
deemed to be frivolous, or whether you mean information requests that we
have received and considered to be vexatious under section 14 of the FOIA
by virtue of being ‘frivolous’ (i.e. a request, as explained on pages 8-9
of our FOI section 14 guidance, where: “The subject matter is inane or
extremely trivial and the request appears to lack any serious purpose. The
request is made for the sole purpose of amusement” -
 [1]https://ico.org.uk/media/for-organisatio...

You subsequently responded with the following clarification on 31 August:
 
“1. Under both (or all) Sections.

2. Where the word frivolous (or frivolity etc) is stated in the ICO
response to the requester.

3. Since you quote the two Sections, I would like to know the Section
stated in each request response.
:::
4. If there are any other data held by the ICO on why the frivolous
opinion has been given by the caseworker, I would be obliged if the
reasoning of frivolity is included with the ICO response. As I can't know
your filing system, I cannot be exact.

However, as a guessed example :

Section 14- Frivolous reasoning: Because the requester has made several
similar requests on an inane subject to the same organisation.

(Any further recorded explanation would be helpful - but within the time
constraints.... but after the above has been researched)”.
 
Our response

We do hold information about the number of FOI complaints closed as
‘frivolous’ under section 50(2)(c) of the FOIA and have attached a csv
file of cases completed in the 2015, 2016 and 2017 calendar years where
the case outcome is ‘closed – frivolous’. I have added an additional
column to this spreadsheet which contains a brief summary as to why the
complaint was deemed frivolous, based on the information contained in the
closure letters for these cases.
 
It should be noted that we do publish datasets for the casework
information hold on our website, and this currently includes datasets for
the 2014/15, 2015/16 and 2016/17 financial years. This includes
information about the FOI complaints we have dealt with about
organisations. These can be found on our website at the following link:
 
[2]https://ico.org.uk/about-the-ico/our-inf...
 
You can filter the datasets by the case ‘outcome’ to identify cases closed
as ‘frivolous’. As such, much of the information you have requested is
technically exempt from disclosure under section 21 of the FOIA as it is
reasonably accessible to you by other means. However, I have included it
again in the csv attached as a matter of advice and assistance and in
order to address part 4 of your request.
 
We also hold information about FOI requests made to the ICO and that we
have considered vexatious or repeated requests under section 14 of the
Act. However, the only way to identify if section 14 was applied because
the request was considered ‘frivolous’ is to conduct a manual search of
every information request closed in the time period you have specified
with the outcome of ‘vexatious/repeated request’. Therefore we have
examined the response letters, (or any case notes if no response was
issued in line with the provisions of section 17(6) of the FOIA), for each
of these requests and performed a key word search of this information for
the term ‘frivolous’ or ’frivolity’.
 
None of these contained the term ‘frivolous’ or ’frivolity’, and therefore
we can say that none of the information requests made to the ICO, in the
period specified, have been refused under s.14 of the FOIA on the basis
that they have been considered ‘frivolous’.
 
In respect of the csv file provided, we have extracted this data from our
electronic casework management system to enable us to respond to your
request. We predominantly use this system to track and progress individual
cases. We don’t use this data in isolation to decide whether regulatory
action is appropriate in any particular case, but we might use it to help
identify potential trends or to see the size and progress of our caseload.
The data provided reflects the data on the date it was extracted and can
be subject to change over time.
 
This concludes our response to your request. I hope the information
provided is helpful.
 
Review Procedure

If you are not satisfied that your request for information has been dealt
with correctly, please write to the Information Access Team at the address
below, reply directly to this email (with the reference number contained
within the square brackets left intact), or email us at
[3][ICO request email], quoting the reference number
IRQ0698314.

Your request for a review should be submitted to us within 40 working days
of receipt by you of this response.  Any such request received after this
time will only be considered at the discretion of the Commissioner.

Ultimately if you are not satisfied that your request for information has
been dealt with correctly you have a further right of appeal to this
office in our capacity as the statutory complaint handler under the
relevant legislation.  To make such an application, please write to our
Customer Contact Team at the address below, or visit the ‘Report a
Concern’ section of our website.
 
A copy of our review procedure is available here
[4]https://ico.org.uk/media/about-the-ico/p...
 
Yours sincerely

Ian Goddard
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545823  F. 01625 524510  [5]ico.org.uk  [6]twitter.com/iconews
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Dear Information Commissioner’s Office,

I have not yet studied the data but my understanding from your reply is that you have added extra helpful information.

So thank you for your considered response.

Yours faithfully,

Jt Oakley

AccessICOinformation, Information Commissioner’s Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

 

If you have requested advice - we aim to respond within 14 days.

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

 

Copied correspondence - we do not respond to correspondence that has been
copied to us.

 

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

 

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

 

Yours sincerely

 

The Information Commissioner’s Office

 

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[2]http://www.ico.org.uk/tools_and_resource...

 

Twitter

Find us on Twitter at [3]http://www.twitter.com/ICOnews

 

The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.

If you are not the intended recipient of this email (and any attachment),
please inform the sender by return email and destroy all copies without
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Dear AccessICOinformation,

Sorry- Can't download it -here's the message:

ERROR_MESSAGE_MAIN

ERROR_MESSAGE_REASON

Yours sincerely,

Jt Oakley

AccessICOinformation, Information Commissioner’s Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

 

If you have requested advice - we aim to respond within 14 days.

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

 

Copied correspondence - we do not respond to correspondence that has been
copied to us.

 

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

 

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

 

Yours sincerely

 

The Information Commissioner’s Office

 

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[2]http://www.ico.org.uk/tools_and_resource...

 

Twitter

Find us on Twitter at [3]http://www.twitter.com/ICOnews

 

The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.

If you are not the intended recipient of this email (and any attachment),
please inform the sender by return email and destroy all copies without
passing to any third parties.

If you'd like us to communicate with you in a particular way please do let
us know, or for more information about things to consider when
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Information Commissioner’s Office

1 Attachment

19 September 2017

 

Case Reference Number IRQ0698314

 

Dear J Oakley

Thank you for your further emails.

With regards to the error message you have received you may wish to bring
this to the attention of WDTK. Having checked the attachment on WDTK I
have had no issues opening the file.

However, I have attached a further copy of the information we have
provided in pdf format for your convenience.

I hope this is helpful.

Yours sincerely

Ian Goddard
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545823  F. 01625 524510  [1]ico.org.uk  [2]twitter.com/iconews
Please consider the environment before printing this email

The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.

If you are not the intended recipient of this email (and any attachment),
please inform the sender by return email and destroy all copies without
passing to any third parties.

If you'd like us to communicate with you in a particular way please do let
us know, or for more information about things to consider when
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Dear Information Commissioner’s Office,

Thank you. Appreciated.

Yours faithfully,

Jt Oakley

AccessICOinformation, Information Commissioner’s Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

 

If you have requested advice - we aim to respond within 14 days.

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

 

Copied correspondence - we do not respond to correspondence that has been
copied to us.

 

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

 

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

 

Yours sincerely

 

The Information Commissioner’s Office

 

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[2]http://www.ico.org.uk/tools_and_resource...

 

Twitter

Find us on Twitter at [3]http://www.twitter.com/ICOnews

 

The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.

If you are not the intended recipient of this email (and any attachment),
please inform the sender by return email and destroy all copies without
passing to any third parties.

If you'd like us to communicate with you in a particular way please do let
us know, or for more information about things to consider when
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Dear AccessICOinformation,

Would it be possible to list the organisations which have made these frivolous decisions?

Yours sincerely,

Jt Oakley

AccessICOinformation, Information Commissioner’s Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

 

If you have requested advice - we aim to respond within 14 days.

 

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Information Commissioner’s Office

1 Attachment

20 October 2017

 

Case Reference Number IRQ0698314

 

Dear J Oakley

Thank you for your email of 19 October 2017 in which you asked:
 
“Would it be possible to list the organisations which have made these
frivolous decisions?”
 
It may be helpful to explain that when a complaint is closed as
‘frivolous’ under section 50(2)(c) of the FOIA it is because we have
considered the complaint raised with us to be frivolous.
 
However, in the hope that it is of assistance to you I have attached (in
pdf format) an amended copy of the dataset we provided previously, with an
additional column listing the public authority the complaint was submitted
about.
 
I hope that this is helpful.

Yours sincerely

Ian Goddard
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545823  F. 01625 524510  [1]ico.org.uk  [2]twitter.com/iconews
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The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.

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please inform the sender by return email and destroy all copies without
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Dear Information Commissioner’s Office,

Thank you.

Impressed by speed of response.

Yours faithfully,

Jt Oakley

AccessICOinformation, Information Commissioner’s Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

 

If you have requested advice - we aim to respond within 14 days.

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

 

Copied correspondence - we do not respond to correspondence that has been
copied to us.

 

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

 

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

 

Yours sincerely

 

The Information Commissioner’s Office

 

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[2]http://www.ico.org.uk/tools_and_resource...

 

Twitter

Find us on Twitter at [3]http://www.twitter.com/ICOnews

 

The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.

If you are not the intended recipient of this email (and any attachment),
please inform the sender by return email and destroy all copies without
passing to any third parties.

If you'd like us to communicate with you in a particular way please do let
us know, or for more information about things to consider when
communicating with us by email, visit ico.org.uk/email

References

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