Differences
This shows you the differences between two versions of the page.
| — | definitions:vexatious-rti [2026/06/03 17:01] (current) – created - external edit 127.0.0.1 | ||
|---|---|---|---|
| Line 1: | Line 1: | ||
| + | {{htmlmetatags> | ||
| + | metatag-description=(An RTI can be rejected as " | ||
| + | metatag-title=(Can an RTI application be called vexatious or frivolous? | ||
| + | ====== Can an RTI application be called vexatious or frivolous? ====== | ||
| + | |||
| + | <WRAP center round tip 95%> | ||
| + | **Direct answer:** The RTI Act has no explicit " | ||
| + | </ | ||
| + | |||
| + | ===== In plain English ===== | ||
| + | |||
| + | In the UK's Freedom of Information Act, a public authority can refuse a request as " | ||
| + | |||
| + | The CIC and courts have held that " | ||
| + | |||
| + | **Example of what IS NOT vexatious: | ||
| + | |||
| + | **Example of what MAY be vexatious: | ||
| + | |||
| + | ===== Why it matters for citizens ===== | ||
| + | |||
| + | * **" | ||
| + | * **The standard is very high.** Courts have held that an RTI cannot be called vexatious merely because it is large, political, embarrassing to the authority, or part of a series of applications. | ||
| + | * **§7(8)(i) requires written reasons.** A PIO who cites " | ||
| + | * **Counter-argument in appeal.** Cite: "The RTI Act contains no explicit vexatious clause. The CIC standard (citing order no. ___) requires the PIO to establish clear harassment intent with no legitimate informational purpose. No such showing has been made." | ||
| + | |||
| + | ===== The CIC standard for vexatious rejections ===== | ||
| + | |||
| + | To call an RTI vexatious, the CIC requires the PIO to show: | ||
| + | |||
| + | - The applicant' | ||
| + | - No new or different information is being sought that was not already provided. | ||
| + | - Continuing to respond would impose an unjustifiable administrative burden **and** the applicant' | ||
| + | |||
| + | All three must generally be satisfied. | ||
| + | |||
| + | ===== Related sections and case law ===== | ||
| + | |||
| + | * **§8** — the exhaustive exemption list; " | ||
| + | * **§7(8)(i)** — PIO must give written reasons for any refusal. | ||
| + | * **§19(1)** — First Appeal against vexatious rejection. | ||
| + | * **CIC case law** — multiple orders from Information Commissioners Shailesh Gandhi and M.A. Khan on vexatious standard. | ||
| + | |||
| + | ===== Related tools ===== | ||
| + | |||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | |||
| + | ===== Frequently asked questions ===== | ||
| + | |||
| + | ==== Can I file RTI in bulk? Is bulk filing vexatious? ==== | ||
| + | Filing multiple RTIs on different topics is not automatically vexatious. Filing the same RTI repeatedly after receiving a full answer may be. If you are filing many RTIs systematically (e.g., social audit), note in each application the distinct informational purpose. | ||
| + | |||
| + | ==== What if the PIO calls my RTI frivolous because it is "too large"? | ||
| + | Volume is not vexatiousness. The PIO can charge copy fees for a large request, or offer inspection instead of copies under §7(9). But they cannot reject it as frivolous because of size. | ||
| + | |||
| + | ==== How do I fight a vexatious rejection? ==== | ||
| + | File a First Appeal citing §7(8)(i) (failure to state which §8 sub-clause applies — because there is no " | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | * Right to Information Act, 2005 — §§8, 7(8), 19(1), 19(5) | ||
| + | * CIC orders on vexatious standard (Shailesh Gandhi era) | ||
| + | * UK FOIA §14 (contrast — India has no equivalent provision) | ||
| + | |||
| + | //Last reviewed: May 2026. Part of the RTI Wiki definitions series.// | ||
| + | |||
| + | {{tag> | ||