BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Decision pursuant to 6.1, 2023 OIC 49
Office of the Information Commissioner of CanadaAccess to Information Act2023 OIC 49s.6.1 Application Granted (refusal authorized)
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Decision pursuant to 6.1, 2023 OIC 49

Organization: Government Institution
Decision: Oct 1, 2023Published: Oct 1, 2023

An institution applied for approval to decline to act on three access requests, arguing they were made in bad faith and constituted an abuse of the right to access information. The requests sought records containing a list of offensive words over a three-year period. The Commissioner found that the institution had fulfilled its duty to assist the requester and that the requests, due to their breadth, volume, and the specific keywords used, were indeed an abuse of the right of access, warranting approval to decline acting on them.

  • Whether the institution met its duty to assist the requester.
  • Whether the access requests constituted an abuse of the right to access information.
  • The appropriateness of using vulgar and offensive keywords in access requests.
  • The cumulative burden of multiple requests from the same requester.

Section 6.1 application granted

The Commissioner was satisfied that the institution had met its duty to assist. She found that the breadth and volume of the requests, along with the offensive keywords, constituted an abuse of the right of access, significantly overburdening the institution and hindering other requesters.

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Recommended action / remedy

The Commissioner approved the institution's application to decline to act on the three access requests.

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

This decision is for informational purposes only and does not constitute legal advice.