Canadian Privacy Decisions

An institution applied for approval to decline processing an access request, arguing it was an abuse of the right of access due to its excessive breadth and the burden it would place on the small organization. The requested records spanned multiple years and covered broad categories related to rare diseases and medication coverage. The Information Commissioner agreed that the request was overly broad and burdensome, constituting an abuse of the right of access. The Commissioner also found that the institution had met its duty to assist the requester.

• Is the access request an abuse of the right of access under subsection 6.1(1) of the ATIA?
• Would responding to the request overburden the institution?
• Is the request overly broad?
• Did the institution meet its duty to assist the requester under subsection 4(2.1)?

An institution applied for approval to decline acting on a 42-page, 196-item access request, arguing it was vexatious, made in bad faith, and an abuse of the right of access. The institution had split the request into 196 separate requests without the requester's consent, leading the Commissioner to consider the application for the entire request. The Commissioner found that the breadth and complexity of the request placed an unreasonable burden on the institution, constituting an abuse of the right of access. The Commissioner also found the institution made reasonable efforts to assist the requester. Consequently, the application was granted.

• Whether the access request constitutes an abuse of the right of access
• Whether the institution made reasonable efforts to assist the requester
• Whether the modifications made by the requester after the application were timely
• Procedural fairness of the OIC's process