ICO Upholds Complaint Against DCMS for Vexatious FOI Requests
Summary
The UK's Information Commissioner's Office (ICO) has upheld a complaint against the Department for Culture, Media & Sport (DCMS). The ICO found that DCMS failed to demonstrate that seven Freedom of Information requests were vexatious, overturning the department's refusal.
What changed
The Information Commissioner's Office (ICO) has ruled that the Department for Culture, Media & Sport (DCMS) did not adequately demonstrate that seven Freedom of Information Act 2000 (FOIA) requests were vexatious. The complainant submitted these requests on the same day, and DCMS refused them under section 14(1) of FOIA. The Commissioner found that DCMS's assertions of burden were not supported by meaningful evidence or quantification, and therefore, complying with the requests would not impose a grossly oppressive burden.
This decision implies that government agencies must provide robust evidence and quantification when claiming FOI requests are vexatious. Agencies should review their internal processes for assessing the burden of FOI requests and ensure that any refusals under section 14(1) are well-substantiated. Failure to do so may result in complaints being upheld by the ICO, potentially leading to the disclosure of information previously withheld.
What to do next
- Review internal processes for assessing FOI request vexatiousness
- Ensure all refusals under FOIA section 14(1) are supported by evidence and quantification
Source document (simplified)
Department for Culture, Media and Sport (DCMS)
- Date 12 March 2026
- Sector Central government
- Decision(s) FOI 14: Upheld The complainant submitted seven Freedom of Information Act 2000 (FOIA) requests to the Department for Culture, Media & Sport (DCMS) on the same day. DCMS refused all seven requests under section 14(1) of FOIA on the basis that they were vexatious.The Commissioner’s decision is that DCMS has not demonstrated that complying with the requests would impose a grossly oppressive burden. Assertions of burden were not supported with meaningful evidence or quantification.
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