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AIBU?

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Original poster

To think this is slightly unreasonable?

31 replies

Mummyalldayandnight · 12/09/2023 19:47

I’ve made an FOI request to a public body (an academy trust) but they have refused to process the request and have said that they “believe that a pseudonym is being used”. Whilst I did use a pseudonym, the specific circumstances of this case meant that if I used my real name then it would have put my safety at risk, I have evidence to prove that it would have put my safety at risk. Is there anything that I can do to get them to process my FOI request?

Am I being unreasonable to think that they should just process my FOI request? At the end of the day it doesn’t matter who makes an FOI request, it is the information being disclosed as part of the request that matters.

OP posts:
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nothingcomestonothing · 13/09/2023 07:42

Has no one here been following the fight for women's rights? FOIs are frequently published by the organisations asked them, on their websites. Men's rights activists can see the name of the person who made the FOI asking a question they don't like, and dox them, stalk and harass them.

Women have had their children threatened after posting very mild tiktoks, just a few days ago Maya Forstayer and Helen Joyce leaving a meeting in Manchester were surrounded as they walked down the street by protesters screaming 'fuck Helen Joyce'. Mostly the police stand and watch.

Making an FOI can be a risky thing, for a woman, and I'm surprised so many aren't aware of that.

MyHornCanPierceTheSky · 13/09/2023 07:21

Mummyalldayandnight · 12/09/2023 23:29

Copies of a few specific internal emails. Can’t do a subject access even if I wanted to give my name because the emails are not about me, they are not about anyone in particular. I can explain why I need them if you require.

Show quote history

If they're nothing to do with you or yours, why do you want them?

TheFinerThings · 12/09/2023 23:43

It’s in the ICO’s guidance that you should only ask if you have sufficient reasoning to believe it’s a pseudonym

FML.
They believed you were using a pseudonym. You are using a pseudonym. No. You can’t complain that they won’t process your request because they believe you are using a pseudonym, when you are using a pseudonym!

Original poster
Mummyalldayandnight · 12/09/2023 23:38

Hermittrismegistus · 12/09/2023 23:28

Is it normal practice to refuse requests made from a pseudonym or is it worth complaining to the ICO?

You would have to admit to using a pseudonym in order for the ICO to investigate your complaint though. Confused

The ICO don’t ask for photo ID so if I went to them I might not need to admit it?

OP posts:
Original poster
Mummyalldayandnight · 12/09/2023 23:29

BlueBlubbaWhale · 12/09/2023 23:21

What are you asking for? I might be able to do it for you.

Copies of a few specific internal emails. Can’t do a subject access even if I wanted to give my name because the emails are not about me, they are not about anyone in particular. I can explain why I need them if you require.

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Hermittrismegistus · 12/09/2023 23:28

Is it normal practice to refuse requests made from a pseudonym or is it worth complaining to the ICO?

You would have to admit to using a pseudonym in order for the ICO to investigate your complaint though. Confused

Gazelda · 12/09/2023 23:27

OP, the rules are clear. And you are breaching the rules. You have no grounds for complaint. And how would you complain anyway, seeing as you don't want to disclose your identity?

Is there no one who would do it for you? Is there a way to apply yourself with your true identity while explaining your fear over the application becoming known about by [whoever]?

slipperypenguin · 12/09/2023 23:25

Why would you attempt to challenge this when they are right? You ARE using a pseudonym. They have obviously established that

BlueBlubbaWhale · 12/09/2023 23:21

What are you asking for? I might be able to do it for you.

Cheeseycheeseycheesecheese · 12/09/2023 23:20

They've told you they believe you are using a pseudonym, therefore they have reasonable belief.
You could request they explain why they think you are, but I don't know if that will give you any answers.

Original poster
Mummyalldayandnight · 12/09/2023 23:15

zusje · 12/09/2023 23:12

They know because you refuse/are unable to provide ID. I imagine an ID check is part of the process to ensure nobody is using a pseudonym.

Show quote history

It’s not normal practise to ask everyone who makes an FOI request for ID. It’s in the ICO’s guidance that you should only ask if you have sufficient reasoning to believe it’s a pseudonym

OP posts:
zusje · 12/09/2023 23:12

Mummyalldayandnight · 12/09/2023 23:08

They don’t know it’s from a pseudonym though? They are just assuming it is?

They know because you refuse/are unable to provide ID. I imagine an ID check is part of the process to ensure nobody is using a pseudonym.

slipperypenguin · 12/09/2023 23:12

Mummyalldayandnight · 12/09/2023 23:08

They don’t know it’s from a pseudonym though? They are just assuming it is?

But they are right? It is? Your request is invalid. Stop wasting your time and theirs

Original poster
Mummyalldayandnight · 12/09/2023 23:08

They don’t know it’s from a pseudonym though? They are just assuming it is?

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Motherofacertainage · 12/09/2023 23:03

Schools are insufficiently protected from malicious (and often both costly and time wasting) FOI requests so I think the guidance is reasonable. You are being unreasonable to expect them to not follow the guidance.

Shinyandnew1 · 12/09/2023 22:58

I have evidence to prove that it would have put my safety at risk.

What evidence do you have?

Twistyemily · 12/09/2023 22:56

Mummyalldayandnight · 12/09/2023 22:40

Is it normal practice to refuse requests made from a pseudonym or is it worth complaining to the ICO?

'The requester can be an individual, a company or a pre-existing and identifiable organisation or group. In each case, they must provide their real name, either of the individual or organisation.

A request made under a pseudonym is invalid.'

If you read the quote above you'll understand that any organisation will refuse a request from a pseudonym because it is invalid. They know you aren't who you say you are because you won't produce ID. Why would it be worth complaining to the ICO about an organisation following the guidance?

You still haven't said why making an FOI to the academy trust will place you at risk.

Original poster
Mummyalldayandnight · 12/09/2023 22:40

Is it normal practice to refuse requests made from a pseudonym or is it worth complaining to the ICO?

OP posts:
Original poster
Mummyalldayandnight · 12/09/2023 22:39

toomanyhobbies · 12/09/2023 20:33

I’m not really sure how your safety would be at risk from a freedom of information request as they can only provide general information under this. So anyone could make the request in their name without using your name. if your are asking for information specific to yourself then you need to make data subject request and you would need to know your really name as can’t provide that personal information to just anyone.

With FOI requests they don’t people’s really names to see if someone is making malicious requests.

I wasn’t asking for information related to myself. And It also wasn’t a malicious request.

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toomanyhobbies · 12/09/2023 20:33

I’m not really sure how your safety would be at risk from a freedom of information request as they can only provide general information under this. So anyone could make the request in their name without using your name. if your are asking for information specific to yourself then you need to make data subject request and you would need to know your really name as can’t provide that personal information to just anyone.

With FOI requests they don’t people’s really names to see if someone is making malicious requests.

Original poster
Mummyalldayandnight · 12/09/2023 20:17

TooBored1 · 12/09/2023 19:52

If your safety is at risk, do you have a social worker or some such who could make the request on your behalf?

Unfortunately not

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Original poster
Mummyalldayandnight · 12/09/2023 20:04

TooBored1 · 12/09/2023 20:02

What do you think tipped them off?

(And sorry, just noted that if someone applies for you, your name still had to be disclosed.)

Honestly no idea. They have not even said why they believe it to be a pseudonym.

OP posts:
TooBored1 · 12/09/2023 20:02

What do you think tipped them off?

(And sorry, just noted that if someone applies for you, your name still had to be disclosed.)

Original poster
Mummyalldayandnight · 12/09/2023 19:55

TooBored1 · 12/09/2023 19:51

"The requester can be an individual, a company or a pre-existing and identifiable organisation or group. In each case, they must provide their real name, either of the individual or organisation.

A request made under a pseudonym is invalid."

https://ico.org.uk/for-organisations/foi-eir-and-access-to-information/freedom-of-information-and-environmental-information-regulations/recognising-a-request-made-under-the-freedom-of-information-act-section-8/#:~:text=The%20requester%20can%20be%20an,under%20a%20pseudonym%20is%20invalid.

Sorry but your request isn't valid, so there's no point in making a complaint.

But they have to have enough evidence to prove to the ICO that they believe it’s a pseudonym in order to use section 8? Or at least that’s how I interpreted the FOI act but I accept I may be wrong?

OP posts:
TooBored1 · 12/09/2023 19:52

If your safety is at risk, do you have a social worker or some such who could make the request on your behalf?