Decision pursuant to 6.1, 2023 OIC 48
An institution applied to the Information Commissioner seeking approval to decline an access request, arguing it was an abuse of the right to access information and vexatious. The institution also claimed it fulfilled its duty to assist the requester. The Commissioner found the institution did meet its duty to assist but failed to provide sufficient evidence that the request was an abuse of process or vexatious. Therefore, the application to decline the request was not granted.
- Whether the institution met its duty to assist the requester.
- Whether the access request constituted an abuse of the right to make a request.
- Whether the access request was vexatious.
Application to decline to act on access request not granted.
The Commissioner found that the institution provided sufficient evidence of fulfilling its duty to assist. However, the institution failed to establish, with clear and compelling evidence, that the request was an abuse of the right to access information or that it was vexatious.
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The Commissioner denied the institution's application to decline to act on the access request.
- s.6.1 ATIA
- s.4(2.1) ATIA
This decision is for informational purposes only and does not constitute legal advice.