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Your current position

The appropriate use of section 14(1) protects your ability to carry out your public functions. When used correctly, it provides a balance between transparency and the protection of resources.

This module is about when you decide to apply section 14(1) to a request, and whether it is upheld. Although there are some circumstances when you may decide to apply section 14(1) at a later stage, such as after internal review, the modules in this toolkit should help you and your colleagues to become familiar and confident in applying section 14(1). This will help you reach balanced, evidence-based decisions when vexatious requests are received.

Your rating will depend on factors such as the number of requests you receive and the size and structure of your organisation. It's up to you to record your rating and provide reasons for it when building an action plan.

Good

  • You uphold the majority of applications of section 14(1) at an internal quality check.
  • You uphold the majority of applications of section 14(1) at internal review.
  • You rarely cite section 14(1) for the first time during the Commissioner's investigation.
  • The ICO upholds the majority of your section 14(1) applications.

Adequate

  • You generally uphold the application of section 14(1) at an internal quality check.
  • You generally uphold the application of section 14(1) at internal review.
  • You sometimes cite section 14(1) for the first time during the Commissioner's investigation.
  • The ICO sometimes upholds your section 14(1) applications.

Unsatisfactory

  • You rarely uphold the application of section 14(1) at an internal quality check.
  • You rarely uphold the application of section 14(1) at internal review.
  • You usually cite section 14(1) for the first time during the Commissioner's investigation.
  • The ICO rarely upholds your section 14(1) applications.
1. The extent to which you uphold your application of s14(1) at an internal quality check is... (optional)
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This only applies where section 14(1) is initially applied by an individual or business area, and then checked by another internal person or team. This question measures whether the legislation is applied correctly first time. If there is no internal quality check, select ‘adequate'.

2. The extent to which you uphold your application of s14(1) at internal review is... (optional)
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It's good practice to have an internal review procedure but not a statutory obligation. If there is no internal review procedure, select 'adequate'.

3. The extent to which you first cite s14(1) during the Commissioner's investigation is... (optional)
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While the ICO will consider late claims, relying on a late application of section 14(1) might indicate that your organisation isn't confident in applying it.

4. The extent to which the ICO upholds your application of section 14(1) is... (optional)
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Consider why section 14(1) complaints are or are not upheld by the Commissioner, and apply any learning points to your future handling of requests.