Philip Morris Intl. v. University of Stirling

Philip Morris International (PMI) requested information from the University of Stirling about a project being undertaken by the University's Centre for Tobacco Control Research that deals with the effects of plain packaging on young adult smokers.  The University, a public authority for the purposes of this case, refused to provide the requested information, arguing that the request was vexatious under their Freedom of Information Act.  The Scottish Information Commissioner ruled in PMI's favor, concluding that, among other things, the request was not vexatious or a harassment to the University.  The Commissioner emphasized that, although the request was likely to impose a significant burden on the University, it could have asked PMI to re-formulate the request and should have provided advice and assistance to PMI.  

PMI v. University of Stirling, Decision 129/2011, Scottish Information Commissioner (2011).

  • United Kingdom
  • Jun 30, 2011
  • Scottish Information Commissioner
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Parties

Plaintiff Philip Morris International

Defendant University of Stirling

Legislation Cited

Freedom of Information (Scotland) Act 2002

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"The Commissioner does not accept the argument from the University that its attempts to clarify the request were reasonable. The request from PMI was wide ranging, but was clearly for all of the information the University held in relation to the project in question (as noted above, the request begins, “Please provide us with any information that you hold in relation to this project …”). The Commissioner considers that the University was using this process to press PMI to modify and narrow the scope of its request, rather than to clarify it."