BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Decision pursuant to 6.1, 2021 OIC 20
Office of the Information Commissioner of CanadaAccess to Information Act2021 OIC 20s.6.1 Application Granted (refusal authorized)
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Decision pursuant to 6.1, 2021 OIC 20

Organization: institution
Decision: Jun 1, 2021Published: Jun 1, 2021

The institution applied for approval to decline acting on an access request for all internal correspondence over seven years, arguing it was an abuse of the right of access. The requester did not make submissions. The Commissioner found the request, due to its overbroad scope in combination with the institution's small size and limited resources, constituted an abuse of the right of access, and granted the institution's application.

  • Whether the request constitutes an abuse of the right of access under subsection 6.1(1) of the ATIA.
  • Whether the institution fulfilled its duty to assist the requester under subsection 4(2.1) of the ATIA.

Section 6.1 application granted

The Commissioner found that the institution's extensive efforts to assist the requester, coupled with the extreme breadth of the request and the institution's limited resources, demonstrated that the request was an abuse of the right of access.

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Recommended action / remedy

The Commissioner granted the institution's application to decline to act on the request.

Statutory provisions cited
  • s.6.1 ATIA
  • s.4(2.1) ATIA

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