Decision pursuant to 6.1, 2019 OIC 1
An institution applied to the Information Commissioner for approval to decline processing an access request from a former employee. The institution argued the request was vexatious, an abuse of the right to access, and made in bad faith due to the requester's previous dismissal and numerous prior requests. The Commissioner found the institution failed to provide sufficient evidence for any of these claims.
- Whether the request was vexatious
- Whether the request constituted an abuse of the right of access
- Whether the request was made in bad faith
- Whether the institution fulfilled its duty to assist
Application denied
The Commissioner found that the institution did not establish on a balance of probabilities that the request was vexatious, an abuse of the right of access, or made in bad faith. Furthermore, the institution failed to demonstrate it fulfilled its duty to assist the requester.
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The institution is required to process the request.
- s.6.1 ATIA
- s.4(2.1) ATIA
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