The right to information under FOI outweighs the requester's beliefs

04/09/2024 | Information Rights and wrongs

A blog article by Jon Baines considers a recent Freedom of Information Act 2000 (FOIA) decision notice in which the Information Commissioner's Office ruled that a public authority cannot consider a requester's gender critical beliefs as evidence for determining an FOI request as vexatious. This decision came in response to a case involving London North East Railway (LNER), which is owned by the Department for Transport and, therefore, a public authority under the FOIA. LNER had refused a request for information about decorating a train in Pride colours, citing the requester's social media posts. However, the ICO found that the request had a serious purpose and value and was not vexatious. The ICO highlighted that the right to information under FOIA is important and should be upheld, regardless of the requester's beliefs.

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