Federal (Canada) privacy & access decisions

A federal institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act, seeking approval to decline to act on 597 access requests. The institution argued that these requests constituted an abuse of the right to make a request and were vexatious. The Commissioner found that the institution successfully demonstrated that 550 of the 597 requests were indeed an abuse of the right to make a request. Consequently, the Commissioner granted approval for the institution to decline to act on these 550 requests. However, the institution failed to prove that the remaining 47 requests were vexatious or an abuse of the right. Therefore, the Commissioner did not grant approval for the institution to decline to act on those 47 requests. The application was partially granted.

• Whether 597 access requests constituted an abuse of the right to make a request under s.6.1(1) ATIA
• Whether 597 access requests were vexatious under s.6.1(1) ATIA

A federal institution applied to the Information Commissioner for approval to decline to act on an access request under subsection 6.1(1) of the Access to Information Act. The institution argued that the request was vexatious, an abuse of the right of access, and made in bad faith. The Commissioner found that the institution successfully demonstrated that the access request was vexatious. Consequently, the Commissioner determined that the circumstances justified granting the institution's request to decline to act on the access request. The application was therefore granted, allowing the institution to refuse processing the request.

• Whether the access request was vexatious under s.6.1(1) ATIA
• Whether the access request constituted an abuse of the right of access under s.6.1(1) ATIA
• Whether the access request was made in bad faith under s.6.1(1) ATIA
• Whether the circumstances warranted approval to decline to act on the request

An anonymous applicant requested internal and external communications, research findings, and results concerning the monitoring of adverse events and causation between COVID-19 vaccines and fatalities/serious adverse events from January 2021 to December 2022. A federal institution applied under subsection 6.1(1) of the Access to Information Act to decline to act on this request, arguing it was vexatious, made in bad faith, and an abuse of the right of access, and that it had fulfilled its duty to assist. The Commissioner found that the institution had made every reasonable effort to assist the requester in narrowing the request, which the requester largely declined. The Commissioner determined that the request, as framed, was an abuse of the right of access because it was overly broad, would generate an estimated 700,000 pages, and processing it would unreasonably interfere with the institution's operations and hinder other requesters' rights. The Commissioner also noted overlap with other requests from the same requester. Consequently, the Commissioner granted the institution's application to decline to act on the request.

• Whether the institution's application under subsection 6.1(1) ATIA was timely
• Whether the institution met its duty to assist the requester under subsection 4(2.1) ATIA
• Whether the access request was an abuse of the right of access under subsection 6.1(1) ATIA
• Whether processing the request would unreasonably interfere with the institution's operations
• Whether processing the request would hinder other requesters' right of access
• Whether the access request was repetitive or overlapped with other requests from the same requester

A federal institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act, seeking approval to decline to act on an access request. The institution argued that the request constituted an abuse of the right of access. The Information Commissioner reviewed the institution's submission and found that the institution successfully demonstrated that the access request was indeed an abuse of the right of access. Consequently, the Commissioner determined that the circumstances justified granting the institution's application. The Commissioner approved the institution's request to decline to act on the access request.

• Whether the access request constituted an abuse of the right of access under s.6.1(1) ATIA
• Whether the circumstances warranted approval for the institution to decline to act on the request

A federal institution submitted an application to the Information Commissioner under subsection 6.1(1) of the Access to Information Act, seeking approval to decline to act on an access request. The institution argued that the request constituted an abuse of the right to make a request. The Commissioner reviewed the institution's submission and found that the institution successfully established that the access request was indeed an abuse of the right to make a request. Consequently, the Commissioner determined that the circumstances warranted granting approval for the institution to decline to act on the request. The application was therefore granted, allowing the institution to refuse processing the access request.

• Whether the access request constituted an abuse of the right to make a request under s.6.1(1) ATIA
• Whether the circumstances warrant granting approval for the institution to decline to act on the request

An institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act, seeking approval to decline to act on five access requests. The institution argued that these requests were vexatious and an abuse of the right to make a request. The Commissioner found that the institution successfully demonstrated that two of the five requests (A-2023-00305 and A-2023-00314) constituted an abuse of the right to make a request, and therefore approved the institution's request to decline to act on these two. However, the Commissioner determined that the institution did not establish that the remaining three requests (A-2023-00303, A-2023-00308, and A-2023-00310) were vexatious or an abuse of the right. Consequently, the application was partially granted.

• Whether access request A-2023-00305 is an abuse of the right of access
• Whether access request A-2023-00314 is an abuse of the right of access
• Whether access request A-2023-00303 is vexatious or an abuse of the right of access
• Whether access request A-2023-00308 is vexatious or an abuse of the right of access
• Whether access request A-2023-00310 is vexatious or an abuse of the right of access