Canadian Privacy Decisions

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. The institution estimated the request would generate over 8,200 emails and take years to process, significantly impacting its operations and other requesters' rights. However, the Commissioner found the institution failed to provide sufficient evidence of the request constituting an abuse or demonstrating a link between the estimated workload and interference with other requesters' rights. Consequently, the application was denied.

• Whether the access request constitutes an abuse of the right of access.
• Whether processing the request would overburden the institution and hinder other requesters' access rights.
• The credibility of the institution's estimates regarding workload and processing time.
• The institution's efforts to assist the requester in narrowing the scope of the request.

The Information Commissioner reviewed an institution's application to decline acting on an access request. The institution argued the request was an abuse of the right of access. However, the Commissioner found the institution's submissions insufficient and noted they failed to assist the requester or adequately demonstrate an abuse of access rights. Consequently, the Commissioner denied the application.

• Whether the access request constitutes an abuse of the right of access.
• Sufficiency of the institution's evidence to support its application.
• The institution's duty to assist the requester.