
Decision pursuant to 6.1, 2024 OIC 69
A federal institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act, seeking approval to decline to act on 597 access requests. The institution argued that these requests constituted an abuse of the right to make a request and were vexatious. The Commissioner found that the institution successfully demonstrated that 550 of the 597 requests were indeed an abuse of the right to make a request. Consequently, the Commissioner granted approval for the institution to decline to act on these 550 requests. However, the institution failed to prove that the remaining 47 requests were vexatious or an abuse of the right. Therefore, the Commissioner did not grant approval for the institution to decline to act on those 47 requests. The application was partially granted.
- 1Whether 597 access requests constituted an abuse of the right to make a request under s.6.1(1) ATIA
- 2Whether 597 access requests were vexatious under s.6.1(1) ATIA
- Abuse of right (550 requests): Institution's application granted
- Abuse of right (47 requests): Institution's application denied
Section 6.1 application partially granted
The Commissioner found that the institution provided sufficient evidence to establish that 550 of the 597 requests were an abuse of the right to make a request, warranting approval to decline to act. However, the institution did not meet the burden of proof for the remaining 47 requests, failing to demonstrate they were vexatious or an abuse of the right.
The Commissioner granted the institution approval to decline to act on 550 of the 597 access requests.
- s.6.1(1) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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