Summary: The complainant made a freedom of information request to Northern Ireland Water for correspondence sent by named employees to officials within Northern Ireland-™s Department for Regional Development as well as information regarding procurement breaches within the company. Northern Ireland Water disclosed some information falling within the scope of the request but withheld other information by relying on the section 40 (personal information) and section 43 (commercial interests) exemptions. During the course of the Commissioner-™s investigation Northern Ireland Water said that it also wished to apply section 14(1) on the grounds that the request was vexatious. The Commissioner-™s decision is that the request is vexatious within the meaning of section 14(1) and Northern Ireland Water was not obliged to comply with it. However, the Commissioner also found that in its handling of the request Northern Ireland Water breached sections 17(1) and 17(5) (Refusal of a request). The Commissioner requires no steps to be taken.
Section of Act/EIR & Finding: FOI 14 - Complaint Not upheld, FOI 17 - Complaint Upheld