BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Decision pursuant to 6.1, 2024 OIC 63
Office of the Information Commissioner of CanadaAccess to Information Act2024 OIC 63s.6.1 Application Granted (refusal authorized)
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Decision pursuant to 6.1, 2024 OIC 63

Organization: A federal institution
Decision: Jan 6, 2024Published: Jan 6, 2024

An institution applied for approval to decline to act on five access requests, arguing they were vexatious and an abuse of the right to access information. The Information Commissioner found that two of the requests (A-2023-00305 and A-2023-00314) were indeed an abuse of the right to access. Consequently, the Commissioner approved the institution's decision to decline to act on those two specific requests. However, the institution failed to prove that the remaining three requests (A-2023-00303, A-2023-00308 and A-2023-00310) were vexatious or an abuse of the right to access.

  • Whether access requests are vexatious
  • Whether access requests constitute an abuse of the right to make a request
  • Application of section 6.1 of the Access to Information Act

Application partially granted

The Commissioner granted the application for two requests because the institution successfully demonstrated they constituted an abuse of the right to access information, but denied it for the other three as this was not proven.

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Statutory provisions cited
  • s.6.1 ATIA

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