Canadian Privacy Decisions

An institution applied to the Information Commissioner for approval to decline an access to information request, arguing it was vexatious and an abuse of access rights. The Commissioner found the request was an abuse of access rights due to its duplicative nature and a pattern of repeated requests for the same information, despite prior access requests and complaints. The Commissioner approved the institution's application to decline acting on the request.

• Whether the access to information request was an abuse of the right of access.
• The repetitive and duplicative nature of the access request.
• Whether the institution established that the request met the criteria under subsection 6.1(1) of the Access to Information Act.

The institution applied for approval to decline acting on an access request for all internal correspondence over seven years, arguing it was an abuse of the right of access. The requester did not make submissions. The Commissioner found the request, due to its overbroad scope in combination with the institution's small size and limited resources, constituted an abuse of the right of access, and granted the institution's application.

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