
Decision pursuant to 6.1, 2026 OIC 24
An institution applied to the Information Commissioner for approval to decline an access request, arguing it was an abuse of the right to access information due to the large volume of Microsoft Teams messages requested. The Commissioner denied the application, finding the institution failed to provide sufficient evidence. The institution's calculations for the volume of messages were unreliable, and the Commissioner noted it is the institution's responsibility to build adequate capacity to process requests.
- Whether the access request is an abuse of the right of access under subsection 6.1(1) of the ATIA
- Whether the institution provided sufficient evidence to demonstrate the request would overburden its operations
- The institution's responsibility to ensure it has the operational capacity to process access requests
Application denied
The institution failed to provide clear and compelling evidence that the access request was an abuse of the right of access. Its calculations for the volume of responsive records were unreliable, and the Commissioner found it is the institution's responsibility to develop the capacity to process requests, rather than relying on the requester to limit their request due to the institution's limited resources.
AI-generated summary for reference only. Always verify against the official decision ↗
The institution is required to process the access request.
- s.6.1 ATIA
This is an informational summary only and does not constitute legal advice.

