Mr X and the Body (FOI Act 2014) [2017] IEIC 160563 (31 August 2017)

Mr X and the Body (FOI Act 2014) [2017] IEIC 160563 (31 August 2017)

The request was found to be frivolous or vexatious under section 15(1)(g) of the FOI Act due to its excessively broad scope and the applicant's motive to revisit matters already resolved by a Settlement Agreement, constituting an abuse of the FOI process.

Source-derived case information.

Citation
[2017] IEIC 160563
Parties
Applicant: Mr X; Respondent: The Body
Jurisdiction
Ireland
Judgment Date
31 August 2017
Procedural Posture
FOI Review / Final Binding Decision by Information Commissioner
Outcome
Refusal affirmed
Legal Topics
Frivolous or Vexatious Requests, Scope of FOI Requests, Settlement Agreements and FOI, Procedural Requirements Under FOI Act
Administrative Law Freedom of Information Frivolous or Vexatious Requests Scope of FOI Requests Settlement Agreements and FOI Procedural Requirements Under FOI Act

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Parties

Mr X

Applicant

The Body

Respondent

Procedural Posture

FOI Review / Final Binding Decision by Information Commissioner

Legal Issues

  1. 1 Whether the FOI request was frivolous or vexatious under section 15(1)(g) of the FOI Act
  2. 2 Whether the request was excessively broad and burdensome
  3. 3 Whether the applicant's motives were relevant to the refusal

Ratio Decidendi

The request was found to be frivolous or vexatious under section 15(1)(g) of the FOI Act due to its excessively broad scope and the applicant's motive to revisit matters already resolved by a Settlement Agreement, constituting an abuse of the FOI process.

Court Disposition

Refusal affirmed

Orders

  • The Body's refusal of the applicant's FOI request is affirmed under section 15(1)(g) of the FOI Act.