The complainant has requested information associated with a ‘Type 2’ opt-out error identified in 2018. NHS Digital has categorised the request as a vexatious request under section 14(1) of the FOIA. The Commissioner’s decision is as follows: NHS Digital is entitled to categorise the complainant’s request of 16 January 2021 as vexatious under section 14(1) of the FOIA and is not obliged to comply with that correspondence. The Commissioner does not require NHS Digital to take any remedial steps.
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