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

Decision pursuant to 6.1, 2024 OIC 63

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

An institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act, seeking approval to decline to act on five access requests. The institution argued that these requests were vexatious and an abuse of the right to make a request. The Commissioner found that the institution successfully demonstrated that two of the five requests (A-2023-00305 and A-2023-00314) constituted an abuse of the right to make a request, and therefore approved the institution's request to decline to act on these two. However, the Commissioner determined that the institution did not establish that the remaining three requests (A-2023-00303, A-2023-00308, and A-2023-00310) were vexatious or an abuse of the right. Consequently, the application was partially granted.

Key issues
  1. 1Whether access request A-2023-00305 is an abuse of the right of access
  2. 2Whether access request A-2023-00314 is an abuse of the right of access
  3. 3Whether access request A-2023-00303 is vexatious or an abuse of the right of access
  4. 4Whether access request A-2023-00308 is vexatious or an abuse of the right of access
  5. 5Whether access request A-2023-00310 is vexatious or an abuse of the right of access
Outcome breakdownFavours: Both, in part
  • Abuse of right (A-2023-00305): Institution's request to decline upheld
  • Abuse of right (A-2023-00314): Institution's request to decline upheld
  • Abuse of right (A-2023-00303): Institution's request to decline denied
  • Abuse of right (A-2023-00308): Institution's request to decline denied
  • Abuse of right (A-2023-00310): Institution's request to decline denied
Outcome

Section 6.1 application partially granted

Reasoning

The Commissioner found that the institution provided sufficient evidence to demonstrate that two specific access requests were an abuse of the right to make a request, warranting approval to decline to act on them. For the other three requests, the institution failed to provide adequate evidence to support its claims that they were vexatious or an abuse of the right.

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Decision notes
Recommended action / remedy

The institution is permitted to decline to act on access requests A-2023-00305 and A-2023-00314, but must process requests A-2023-00303, A-2023-00308, and A-2023-00310.

Statutes considered
  • s.6.1 ATIA

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

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