Decision pursuant to 6.1, 2023 OIC 12
An institution applied to the Information Commissioner for permission to ignore two access requests, claiming they were vexatious and an abuse of the access to information process. The institution also argued it had fulfilled its duty to assist the requester. The Commissioner found the institution failed in its duty to assist and did not prove the requests were vexatious or an abuse of the process. Consequently, the Commissioner denied the institution's applications, requiring it to process the requests.
- Whether the access requests were vexatious
- Whether the access requests constituted an abuse of the right to access information
- Whether the institution fulfilled its duty to assist the requester
Section 6.1 application denied
The institution failed to provide clear and compelling evidence that the requests were vexatious or an abuse of the access to information process. Furthermore, the Commissioner found that the institution did not fulfill its duty to assist the requester prior to seeking approval to decline to act.
AI-generated summary for reference only. Always verify against the official decision ↗
The institution is required to act on the access requests.
- s.6.1 ATIA
- s.4(2.1) ATIA
This decision is for informational purposes only and does not constitute legal advice.