
Decision pursuant to 6.1, 2024 OIC 78
A federal institution sought the Information Commissioner's approval to decline to act on an access request, arguing it constituted an abuse of the right to make a request under subsection 6.1(1) of the Access to Information Act. The institution claimed the request, for emails and chat messages from a specific office over a two-month period, was too broad and would result in over 75,800 pages, taking an estimated 12.6 years to process. It argued this would severely disrupt its operations, particularly a small office with limited resources, and hinder its ATIP office's ability to respond to other requests. The requester disputed the institution's capacity estimates and argued that exclusions and duplicates would significantly reduce the volume. The Commissioner found that the institution did not provide sufficient evidence to demonstrate that acting on the request would overburden its operations or hinder other requesters' rights, noting that the institution's ATIP processing capacity seemed understated and that no evidence of backlog was provided. Consequently, the Commissioner denied the institution's application.
- 1Whether the access request constitutes an abuse of the right to make a request under s.6.1(1) ATIA
- 2Whether the estimated volume of records would overburden the institution
- 3Whether the institution's efforts to assist the requester were sufficient
- 4Whether processing the request would severely impact the OPI's ability to advance its mandate
- 5Whether processing the request would cause undue strain on the ATIP office and hinder other requesters' rights of access
- 6Whether the institution's estimated processing capacity was accurate
- Abuse of right: Application to decline request denied
- Evidence of burden: Insufficient evidence provided by institution
- Processing capacity: Institution's capacity understated
Section 6.1 application denied
The institution failed to provide sufficient evidence to establish that the access request constituted an abuse of the right to make a request. The Commissioner was not convinced by the institution's estimates of processing time and capacity, noting that the ATIP office's stated annual processing volume seemed low for its staff size and that no evidence of backlog or specific complexity of records was provided to justify the claim of overburdening.
- s.6.1(1) ATIA
- s.6.1(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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