View all newsletters
Sign up for our free email newsletters

Fighting for quality news media in the digital age.

  1. Media Law
July 9, 2015

Non-vexatious weekly becomes second force to score RIPA FoI victory over Thames Valley Police

By William Turvill

The Information Commissioner has judged that a single information request by the Newbury Weekly News to Thames Valley Police could not be judged to be "vexatious".

Earlier this week, the force was told by the Information Commissioner’s Office (ICO) that it could not rely on a section 14(1) exemption to refuse an Freedom of Information Act request from the Oxford Mail asking about its use of the Regulation of Investigatory Powers Act to obtain journalistic phone records.

And now the ICO has made the same ruling following an appeal made by the Newbury title.

The newspaper has told how it was branded “vexatious” and said its single request was part of a campaign of “unreasonable persistence” by the media.

Thames Valley Police now has 35 days to either disclose the information or use an alternative FoI exemption. Previously, police forces have said they could not answer questions from Press Gazette and others on the subject because of cost exemptions or “national security”.

Press Gazette, with the backing of lawyers acting on a pro-bono basis, has challenged various FoI rejections made by nine police forces – including “vexatious” exemptions – to the Information Commissioner and is awaiting a response from the body.

In his challenge to the ICO, reporter William Walker said: “That other news organisations have written similar requests should be incidental to the final decision as to whether to disclose the information.

Content from our partners
MHP Group's 30 To Watch awards for young journalists open for entries
How PA Media is helping newspapers make the digital transition
Publishing on the open web is broken, how generative AI could help fix it

“Each FoI request should be treated on an individual basis and not automatically assumed to be part of a group of FoIs.

“The single request made by myself was on a matter of genuine interest – that of the protection of confidential sources for journalists.

“As such this should not represent a ‘vexatious’ request by its very definition – nothing in the request is designed to annoy, or irritate or cause offence, but rather shed light on an area of important public concern.”

On 5 February, after the release of a report into police use of RIPA to identify journalistic sources conducted by the Interception of Communications Commissioner, he asked the force: “Please provide information detailing the number of incidents whereby the use of Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act was used to identify journalistic sources by Thames Valley Police. In each case please specify the publication the journalist belonged to and the name of the journalist and/or position at the newspaper. Also provide the reason for the use of the power and the outcomes if any.”

Thames Valley Police is one of five police forces – along with the Met, Essex, Suffolk and Cleveland – known to have used RIPA to find journalistic sources.

In 2008, the force bugged a car to spy on Milton Keynes Citizen journalist Sally Murrer as part of a leak investigation.  

Topics in this article : , ,

Email pged@pressgazette.co.uk to point out mistakes, provide story tips or send in a letter for publication on our "Letters Page" blog

Select and enter your email address Weekly insight into the big strategic issues affecting the future of the news industry. Essential reading for media leaders every Thursday. Your morning brew of news about the world of news from Press Gazette and elsewhere in the media. Sent at around 10am UK time. Our weekly does of strategic insight about the future of news media aimed at US readers. A fortnightly update from the front-line of news and advertising. Aimed at marketers and those involved in the advertising industry.
  • Business owner/co-owner
  • CEO
  • COO
  • CFO
  • CTO
  • Chairperson
  • Non-Exec Director
  • Other C-Suite
  • Managing Director
  • President/Partner
  • Senior Executive/SVP or Corporate VP or equivalent
  • Director or equivalent
  • Group or Senior Manager
  • Head of Department/Function
  • Manager
  • Non-manager
  • Retired
  • Other
Visit our privacy Policy for more information about our services, how New Statesman Media Group may use, process and share your personal data, including information on your rights in respect of your personal data and how you can unsubscribe from future marketing communications.
Thank you

Thanks for subscribing.

Websites in our network