Federal (Canada) Privacy Decisions

An institution applied for approval to decline to act on three access requests, arguing they were made in bad faith and constituted an abuse of the right to access information. The requests sought records containing a list of offensive words over a three-year period. The Commissioner found that the institution had fulfilled its duty to assist the requester and that the requests, due to their breadth, volume, and the specific keywords used, were indeed an abuse of the right of access, warranting approval to decline acting on them.

• Whether the institution met its duty to assist the requester.
• Whether the access requests constituted an abuse of the right to access information.
• The appropriateness of using vulgar and offensive keywords in access requests.
• The cumulative burden of multiple requests from the same requester.

An institution applied to the Information Commissioner for approval to decline an access to information request, arguing it was vexatious and an abuse of the right to access records. The requester sought all emails, text messages, and computer files from three HR employees. The Commissioner found the request was overly broad, placed an undue burden on the institution, and impeded the rights of others, thus constituting an abuse of the right to access records. The Commissioner also found the institution had met its duty to assist the requester prior to making the application.

• Whether the access request constitutes an abuse of the right to make a request under subsection 6.1(1) of the ATIA.
• Whether the institution met its duty to assist obligations under subsection 4(2.1) of the ATIA.
• Whether the request was vexatious.