“Under the Freedom of Information Act 2000 , I am writing to request information regarding the data protection registration of Irby upon Humber Parish Council with the Information Commissioner’s Office (ICO) for the past five years. Specifically, I would like to request the following information: 1) Confirmation of each Irby upon Humber Parish Council data protection registration or renewal with the ICO for the past five years. 2) The dates on which Irby upon Humber Parish Council completed their data protection registration or renewal with the ICO for each of these years. 3) The sum paid by Irby upon Humber Parish Council to the ICO in respect of their data protection registration fee for each year. 4) The data protection registration number for Irby upon Humber Parish Council.”
“… However, I must clarify that I have never submitted any FOI requests to the Council and thus, I am not the individual allegedly involved in the pattern of requests your organisation considers vexatious. This misunderstanding appears to have influenced your decision regarding my request. Accordingly, my request has been mistakenly associated with a purported pattern of behaviour that does not apply to me”
“… There is little I can add to the rationale already provided to you in the original response. The ICO’s own guidance states that ‘the context and history in which a request is made will often be a major factor in determining whether the request is vexatious, and the public authority will need to consider the wider circumstances surrounding the request before making a decision as to whether section 14(1) applies. ….. In your recent email I note you informed us ‘I provide assurance that I am a different requester with no connection to the alleged pattern of requests you have deemed as vexatious.’ It is however my opinion that you are the same requester. This assessment is based on the name and address you have provided to us. There is also a common theme within your requests which I note relate to Irby upon Humber Parish Council. In summary, I can confirm your review is not upheld and I believe S.14 FOIA was correctly applied.”
“14 If there are two individuals, the Tribunal will need to go on to consider if the10 February 2024 was submitted by Colin Andrew Webb in his own right. 15. When considering whether a request is vexatious, it is an holistic assessment. It is possible for a single, isolated, request to be vexatious or for a request to be vexatious if the request was made by someone acting in concert with another person/s. The Commissioner provides his guidance alongside this Note to assist the Tribunal 16. In this regard, the Commissioner has identified some information which he considers may be relevant to the Tribunal’s consideration of this case. The Commissioner notes that in the public domain there is documentation setting out a request to the ICO in February 2021 from a ‘Colin Webb’. This request asks the ICO for information about ‘the data controller registration of Irby upon Humber Parish Council’ for previous years. The ICO complied with that request. This request bears a striking similarity to the request of10 February 2024 . 17. In all the circumstances, the Commissioner currently considers it is more likely than not that the Colin Webb who made that request is the same requester who made the one under consideration in this appeal or, alternatively, that the requesters are acting in concert, or the request was made in awareness of the previous requests and context relating to Irby upon Humber Parish Council (see DN para 16, 18. When considering whether a request is vexatious, the Tribunal will of course need to factor in the value of the request. The Appellant has set out his views of its value in his grounds and other documents. For his part, the Commissioner considers the alleged value is overstated, especially in light of all the other factors in this case.”