Decision pursuant to 6.1, 2019 OIC 2

A federal institution applied to the Information Commissioner for approval to decline to act on an access request under subsection 6.1(1) of the Access to Information Act, alleging the request was vexatious, an abuse of the right to make a request, and in bad faith. The institution stated the requester was a former employee who had submitted over a dozen requests under the ATIA and Privacy Act within a year, following their dismissal. The Commissioner assessed the institution's claims regarding vagueness, repetitiveness, abusive language, and safety concerns, finding insufficient evidence to support the vexatious claim. The Commissioner also found no evidence that the request diminished the rights of other requesters or impacted the institution's other duties, thus rejecting the abuse of right claim. Finally, the Commissioner determined that the institution failed to prove the request was made in bad faith, noting that pursuing legal rights does not equate to bad faith. The Commissioner also found the institution did not demonstrate it fulfilled its duty to assist the requester. Consequently, the application was denied, and the institution was required to process the request.