Federal (Canada) privacy & access decisions

An unnamed federal institution applied to the Information Commissioner for approval to decline to act on an access request, alleging it was vexatious and an abuse of the right of access. The institution stated the requester had submitted 893 requests over 17 years, many closely related, due to dissatisfaction with how the institution handled their affairs. The Commissioner considered the definition of "vexatious" and "abuse of right," drawing on jurisprudence from other Canadian jurisdictions. The Commissioner found 11 of the requester's prior requests were duplicative or substantially similar, rejecting the requester's arguments for their necessity. Ultimately, the Commissioner concluded that the request was both vexatious and an abuse of the right of access, citing the large volume of requests, their repetitive nature, and recurring complaints to the OIC. The application was granted, allowing the institution to decline to act on the request.

• Whether the access request is vexatious under s.6.1(1) ATIA
• Whether the access request constitutes an abuse of the right to make a request under s.6.1(1) ATIA
• Whether the request is duplicative or substantially similar to previous requests
• Whether the volume of requests, combined with other factors, supports a finding of abuse of right