Canadian Privacy Decisions

An institution applied to the Information Commissioner for approval to decline to act on two access requests, arguing they were vexatious, made in bad faith, and an abuse of access rights. The institution also claimed it met its duty to assist. The Commissioner denied the application, finding the institution failed to prove the requests were vexatious or made in bad faith. Furthermore, the institution did not demonstrate it fulfilled its duty to assist obligations prior to seeking approval to decline to act.

• Whether the access requests were vexatious, made in bad faith, or an abuse of the right of access.
• Whether the institution fulfilled its duty to assist the requester.
• Whether the institution provided sufficient evidence to support its claims.
• The interpretation of 'vexatious' in the context of multiple access requests.