
Decision pursuant to 6.1, 2023 OIC 03
An institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act to decline to act on an access request, arguing it was vexatious and an abuse of the right to make a request. The request sought all emails, text messages, and digital files from three Human Resources employees from the start of their employment. The Commissioner found that the institution had fulfilled its duty to assist the requester by attempting to clarify the overly broad request and explaining the significant burden it would impose. Despite these efforts, the requester refused to narrow the scope, stating the broadness was intentional to uncover potential misconduct. The Commissioner concluded that the request constituted an abuse of the right of access due to its excessive breadth, the undue burden it placed on the institution, and its potential to impede the rights of other requesters. Consequently, the Commissioner granted the institution's application.
- 1Whether the access request was an abuse of the right to make a request under s.6.1(1) ATIA
- 2Whether the institution fulfilled its duty to assist obligations under s.4(2.1) ATIA
- 3Whether the access request was vexatious under s.6.1(1) ATIA
- Duty to assist: Institution fulfilled duty to assist
- Vexatious request: Request deemed an abuse of right of access
- Decline to act: Application to decline to act granted
Section 6.1 application granted
The Commissioner found that the institution met its burden of establishing that the access request was an abuse of the right to make a request, having demonstrated that the request was overly broad, imposed an undue burden, and impeded the rights of others. The institution also fulfilled its duty to assist obligations by attempting to clarify the request, which the requester refused to do.
- 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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