Well, it can be. In my previous world of civil procedure, we don't define it. It's the courts that define it. Thus, one recommendation of the Information Commissioner that I think makes a lot of sense is this notion of published decisions. If she were able to publish decisions in relation to her findings of vexatious and whether the department has appropriately found something vexatious or frivolous, that might address your concerns as well. That definition could evolve over time, and we would be able to see examples of it in her decisions.
On October 23rd, 2017. See this statement in context.