Federal (Canada)Access to Information Acts.6.1 Application Denied (must respond)

Decision pursuant to 6.1, 2019 OIC 1

Organization: A federal institutionComplainant: Anonymous applicant
Plain-language brief

A federal institution applied to the Information Commissioner for approval to decline to act on an access request, alleging it was vexatious, an abuse of the right of access, and made in bad faith. The institution claimed the request was vague, repetitive, involved abusive language from the requester, and raised safety concerns. The Commissioner found the request sufficiently clear and noted no evidence of prior disclosure for repetitive claims. The Commissioner also determined that the provided examples did not establish abusive language or a link between safety concerns and the access request. Regarding abuse of right, the institution cited an increase in requests and processing time due to the requester, but failed to show how this diminished other requesters' rights or impacted its other duties. Finally, the Commissioner found no evidence of bad faith, stating that pursuing legal remedies, even for an alleged unjust dismissal, does not equate to bad faith in making an access request. The Commissioner also noted the institution did not demonstrate it fulfilled its duty to assist the requester. Consequently, the application was denied, and the institution was ordered to process the request.

Key issues
  1. 1Whether the access request was vexatious due to vagueness
  2. 2Whether the access request was vexatious due to repetitiveness
  3. 3Whether the access request was vexatious due to abusive language from the requester
  4. 4Whether the access request was vexatious due to safety concerns
  5. 5Whether the access request amounted to an abuse of the right to make a request for records
  6. 6Whether the access request was made in bad faith
  7. 7Whether the institution fulfilled its duty to assist the requester under subsection 4(2.1) ATIA
Outcome breakdownFavours: Applicant / complainant
  • Clarity of request: Request found sufficiently clear
  • Repetitive request: No evidence of prior disclosure
  • Abusive language: Examples did not establish abusive language
  • Safety concerns: No link to access request established
  • Abuse of right: Institution failed to demonstrate abuse of right
  • Bad faith: No evidence of bad faith found
  • Duty to assist: Institution did not demonstrate fulfillment of duty to assist
  • Application to decline: Application denied, institution ordered to process request
Outcome

Section 6.1 application denied

Reasoning

The institution failed to provide sufficient evidence to establish, on a balance of probabilities, that the request was vexatious, an abuse of the right of access, or made in bad faith. The Commissioner also found that the institution did not demonstrate it fulfilled its duty to assist the requester prior to seeking approval to decline to act.

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Decision notes
Recommended action / remedy

The institution is required to process the access request.

Statutes considered
  • s.6.1(1) ATIA
  • s.4(2.1) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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