Canadian privacy & access decisions

An unnamed federal institution sought the Information Commissioner's approval to decline to act on an access request under subsection 6.1(1) of the Access to Information Act. The request was for all internal correspondence of the institution over a seven-year period, which the institution believed constituted an abuse of the right of access. The institution demonstrated that it had made reasonable efforts to assist the requester in narrowing the scope, but the requester declined to engage. The Commissioner found that the request's extraordinarily broad scope, combined with the institution's small size and limited resources, would severely impede its ability to fulfill its mandate and respond to other access requests. Based on these factors, the Commissioner concluded that the request was indeed an abuse of the right of access. The application was granted, allowing the institution to decline to act on the request.

• Whether the institution fulfilled its duty to assist under subsection 4(2.1) ATIA
• Whether the access request constitutes an abuse of the right of access under subsection 6.1(1) ATIA

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