BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Decision pursuant to 6.1, 2025 OIC 8
Office of the Information Commissioner of CanadaAccess to Information Act2025 OIC 8s.6.1 Application Denied (must respond)
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Decision pursuant to 6.1, 2025 OIC 8

Organization: [the institution]
Decision: Feb 1, 2025Published: Feb 1, 2025

An institution applied under subsection 6.1(1) of the Access to Information Act for approval to decline to act on two access requests, arguing they constituted an abuse of the right to request information. The institution claimed the requests would overburden its operations, were repetitive, and intended to gain an advantage in legal proceedings. The Information Commissioner denied the application, finding the institution did not provide sufficient evidence to support these claims. The Commissioner noted the broad scope of the requests but concluded the institution failed to demonstrate they were an abuse of the Act.

  • Whether the access requests constituted an abuse of the right of access by overburdening the institution.
  • Whether the access requests constituted an abuse of the right of access due to their repetitive nature.
  • Whether the purpose of the access requests was other than obtaining documents or information.
  • Sufficiency of evidence provided by the institution regarding the estimated volume of records and operational impact.

Section 6.1 application denied

The Commissioner found that the institution failed to provide sufficient evidence to demonstrate that the access requests would overburden its operations, hinder other requesters' rights, were repetitive in a manner that constituted abuse, or were intended for a purpose other than obtaining information. The institution's estimations of record volume and operational impact were not sufficiently supported.

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Recommended action / remedy

The institution's application to decline to act on the access requests was denied.

Statutory provisions cited
  • s.6.1 ATIA

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