BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Decision pursuant to 6.1, 2021 OIC 23
Office of the Information Commissioner of CanadaAccess to Information Act2021 OIC 23s.6.1 Application Denied (must respond)
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Decision pursuant to 6.1, 2021 OIC 23

Organization: various institutions
Decision: Aug 1, 2021Published: Aug 1, 2021

An institution applied to the Information Commissioner for approval to decline to act on two access requests, arguing they were vexatious, made in bad faith, and an abuse of access rights. The institution also claimed it met its duty to assist. The Commissioner denied the application, finding the institution failed to prove the requests were vexatious or made in bad faith. Furthermore, the institution did not demonstrate it fulfilled its duty to assist obligations prior to seeking approval to decline to act.

  • Whether the access requests were vexatious, made in bad faith, or an abuse of the right of access.
  • Whether the institution fulfilled its duty to assist the requester.
  • Whether the institution provided sufficient evidence to support its claims.
  • The interpretation of 'vexatious' in the context of multiple access requests.

Section 6.1 application denied

The Commissioner found that the institution failed to provide sufficient evidence to establish that the requests were vexatious, made in bad faith, or constituted an abuse of the right of access. Additionally, the institution did not demonstrate that it fulfilled its duty to assist the requester.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The institution is required to act on the access requests.

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

This is an informational summary only and not legal advice.