Decision pursuant to 6.1, 2024 OIC 77
An institution applied for approval to decline an access request, arguing it was an abuse of the right to access information. The request sought millions of pages of complex procurement records dating back to 2011. The Commissioner found the request was indeed an abuse of the right of access due to its excessive breadth and the significant burden it would place on the institution's resources, potentially hindering other requesters' access rights. The Commissioner granted the institution's application to decline to act on the request.
- Whether the access request constituted an abuse of the right to make a request under section 6.1 of the ATIA.
- Whether the institution made reasonable efforts to assist the requester in clarifying or narrowing the request.
- Whether the estimated volume of records and complexity would overburden the institution's resources and impact other requesters' rights of access.
- The timeliness of the institution's application for approval to decline to act.
Section 6.1 application granted
The Commissioner found that the request was overly broad, seeking millions of pages of complex records that would overburden the institution's offices and ATIP staff, thereby impeding other requesters' access rights. Despite a delay in the institution's application, the severity of the abuse of access rights warranted granting the application.
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The institution received approval to decline to act on the access request.
- s.6.1 ATIA
This decision is for informational purposes only and does not constitute legal advice.