Decision pursuant to 6.1, 2023 OIC 48

An institution applied to the Information Commissioner for approval to decline to act on an access request under subsection 6.1(1) of the Access to Information Act, arguing the request was both an abuse of the right to make a request and vexatious. The request sought emails from three employees containing specific keywords and the HR file of one employee. The institution claimed it had fulfilled its duty to assist the requester by engaging in numerous communications to clarify and narrow the request. The Commissioner found that the institution had indeed made every reasonable effort to assist the requester. However, the Commissioner determined that the institution failed to provide clear and compelling evidence that the request constituted an abuse of the right of access or was vexatious. The Commissioner noted that seeking information related to government employees is not inherently abusive and that the institution did not adequately substantiate claims of undue burden or privacy invasion. Consequently, the application to decline to act on the request was denied.