BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Decision pursuant to 6.1, 2023 OIC CI 47
Office of the Information Commissioner of CanadaAccess to Information Act2023 OIC CI 47s.6.1 Application Granted (refusal authorized)
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Decision pursuant to 6.1, 2023 OIC CI 47

Organization: A federal institution
Decision: Jan 1, 2024Published: Jan 1, 2024

An institution applied to decline an access request, arguing it was vexatious, made in bad faith, and an abuse of the right to access information. The institution claimed it had fulfilled its duty to assist the requester. The Information Commissioner found that the institution had indeed made reasonable efforts to assist the requester and that the request, due to its breadth and the estimated 700,000 pages it would generate, constituted an abuse of the right to access information as it would unreasonably interfere with the institution's operations and hinder other requesters' access rights. The Commissioner granted the institution's application to decline to act on the request.

  • Whether the institution fulfilled its duty to assist the requester prior to applying to decline the request.
  • Whether the access request constituted an abuse of the right to access information.
  • Whether the application to decline to act was submitted in a timely manner.
  • The substantial volume of records and its impact on institutional operations and other requesters' access rights.

Application granted

The Commissioner found that the institution had fulfilled its duty to assist the requester and that the broad nature of the access request would unreasonably interfere with the institution's operations and hinder other requesters' right of access. These factors supported the conclusion that the request was an abuse of the right to access information.

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Recommended action / remedy

The institution was approved to decline to act on the access request.

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

This is an informational summary only and does not constitute legal advice.