The Open University FOI Complaint Upheld, Must Issue Fresh Response
Summary
The ICO upheld a complaint against The Open University regarding a Freedom of Information Act request for data security and cybersecurity information. The university had refused to comply, citing section 14 of FOIA (vexatious request). The ICO determined the university is not entitled to rely on section 14. The ICO requires the university to issue a fresh response that does not rely on section 14 of FOIA.
What changed
The ICO's decision notice reverses The Open University's reliance on section 14 of FOIA to refuse an information request about data security and cybersecurity. The university had claimed the request was vexatious, but the ICO found this exemption was improperly applied. The university must now provide a new response to the requester that properly addresses the substance of the request without invoking the vexatious request exception.\n\nAffected parties include public authorities and educational institutions subject to FOIA obligations. They should review their procedures for handling FOI requests and ensure section 14 exemptions are only relied upon where genuinely justified, as the ICO will scrutinize such refusals and require corrective action where the exemption is misapplied.
What to do next
- Issue a fresh response to the FOI request
- Ensure the fresh response does not rely on section 14 (vexatious request) of FOIA
- Comply with FOIA obligations regarding the requested data security and cybersecurity information
Archived snapshot
Apr 14, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
The Open University
- Date 10 April 2026
- Sector Education
- Decision(s) FOI 14: Upheld The complainant has requested The Open University (the university) to disclose information relating to data security and cybersecurity. The university refused to comply with the request citing section 14 of FOIA (vexatious request). The Commissioner’s decision is that the university is not entitled to rely on section 14 of FOIA. The Commissioner requires the university to issue a fresh response in accordance with FOIA which does not rely on section 14.
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