Mr X and RTE [2003] IEIC 020375 (14 May 2003)

Mr X and RTE [2003] IEIC 020375 (14 May 2003)

The Commissioner found that Mr X's seven requests, when viewed in the context of his overall pattern of conduct—namely, an excessive number of similar and overlapping requests focused on Mr A—amounted to an abuse of the right of access under section 10(1)(e) of the FOI Act. The cumulative effect of granting the requests would risk an invasion of Mr A's privacy. The Commissioner affirmed that RTÉ was justified in refusing the requests as frivolous or vexatious.

Citation
[2003] IEIC 020375
Parties
Applicant: Mr X; Respondent: RTÉ
Jurisdiction
Ireland
Judgment Date
14 May 2003
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner Following Review Under Section 34(2) of the FOI Act
Outcome
Requests refused; decision of RTÉ affirmed
Legal Topics
Frivolous or Vexatious Requests, Abuse of Process, Right of Access, Pattern of Conduct, Privacy, Motive of Requester
Administrative Law Freedom of Information Frivolous or Vexatious Requests Abuse of Process Right of Access Pattern of Conduct Privacy Motive of Requester

Case Brief

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Parties

Mr X

Applicant

RTÉ

Respondent

Procedural Posture

Freedom of Information Review / Decision of the Information Commissioner Following Review Under Section 34(2) of the FOI Act

Legal Issues

  1. 1 Whether RTÉ was justified in refusing seven FOI requests from Mr X on the grounds that they were frivolous or vexatious under section 10(1)(e) of the FOI Act
  2. 2 Whether the motive of the requester is relevant in considering if a request is frivolous or vexatious under section 8(4)

Ratio Decidendi

The Commissioner found that Mr X's seven requests, when viewed in the context of his overall pattern of conduct—namely, an excessive number of similar and overlapping requests focused on Mr A—amounted to an abuse of the right of access under section 10(1)(e) of the FOI Act. The cumulative effect of granting the requests would risk an invasion of Mr A's privacy. The Commissioner affirmed that RTÉ was justified in refusing the requests as frivolous or vexatious.

Court Disposition

Requests refused; decision of RTÉ affirmed

Orders

  • The Commissioner's decision affirms RTÉ's refusal to grant the seven requests under section 10(1)(e) of the FOI Act.