Decision pursuant to 6.1, 2019 OIC 2
An 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 to request records, and made in bad faith. The requester was a former employee who had filed multiple previous access requests. The Commissioner found the institution failed to prove the request was vexatious, an abuse of the right of access, or made in bad faith, and also failed to demonstrate it fulfilled its duty to assist the requester. The Commissioner denied the institution's application.
- Whether the access request was vexatious.
- Whether the access request constituted an abuse of the right to access records.
- Whether the access request was made in bad faith.
- Whether the institution fulfilled its duty to assist the requester.
Section 6.1 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 to access records, or made in bad faith. The Commissioner also found that the institution failed to provide evidence that it fulfilled its duty to assist the requester.
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The institution is required to process the access request.
- s.6.1 ATIA
- s.4(2.1) ATIA
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