Federal (Canada)Access to Information Acts.6.1 Application Granted (refusal authorized)

Decision pursuant to 6.1, 2023 OIC CI 47

Organization: A federal institutionComplainant: Anonymous applicant
Plain-language brief

An anonymous applicant requested internal and external communications, research findings, and results concerning the monitoring of adverse events and causation between COVID-19 vaccines and fatalities/serious adverse events from January 2021 to December 2022. A federal institution applied under subsection 6.1(1) of the Access to Information Act to decline to act on this request, arguing it was vexatious, made in bad faith, and an abuse of the right of access, and that it had fulfilled its duty to assist. The Commissioner found that the institution had made every reasonable effort to assist the requester in narrowing the request, which the requester largely declined. The Commissioner determined that the request, as framed, was an abuse of the right of access because it was overly broad, would generate an estimated 700,000 pages, and processing it would unreasonably interfere with the institution's operations and hinder other requesters' rights. The Commissioner also noted overlap with other requests from the same requester. Consequently, the Commissioner granted the institution's application to decline to act on the request.

Key issues
  1. 1Whether the institution's application under subsection 6.1(1) ATIA was timely
  2. 2Whether the institution met its duty to assist the requester under subsection 4(2.1) ATIA
  3. 3Whether the access request was an abuse of the right of access under subsection 6.1(1) ATIA
  4. 4Whether processing the request would unreasonably interfere with the institution's operations
  5. 5Whether processing the request would hinder other requesters' right of access
  6. 6Whether the access request was repetitive or overlapped with other requests from the same requester
Outcome breakdownFavours: Institution
  • Duty to assist: Institution fulfilled duty to assist
  • Abuse of right of access: Request deemed abuse of right of access
  • Decline to act: Application to decline to act granted
Outcome

Section 6.1 application granted

Reasoning

The Commissioner found that the institution fulfilled its duty to assist the requester and established that the access request was an abuse of the right of access. This was due to the request's excessive breadth, the estimated 700,000 pages of responsive records, and the unreasonable interference this would cause to the institution's operations and the rights of other requesters.

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Decision notes
Statutes considered
  • s.6.1(1) ATIA
  • s.4(2.1) ATIA

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

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