Canadian privacy & access decisions

A federal institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act to decline to act on an access request, arguing it was vexatious and an abuse of the right of access. The request sought records related to disclosures under the Public Servants Disclosure and Protection Act, submitted by or provided to the requester. The institution contended that the request was part of a pattern of repetitive and duplicative requests for substantively the same information, much of which the requester already possessed or had provided to the institution. The Commissioner found that the institution successfully demonstrated that the request constituted an abuse of the right of access, noting the repeated requests for identical information and the requester's refusal to narrow the scope. The Commissioner also determined that the institution had fulfilled its duty to assist obligations by attempting to clarify and refine the request. Consequently, the Commissioner granted the institution's application to decline to act on the request.

• Whether the access request is an abuse of the right of access under s.6.1(1) ATIA
• Whether the institution fulfilled its duty to assist obligations under s.4(2.1) ATIA
• Whether the request is vexatious under s.6.1(1) ATIA

A federal institution applied to the Information Commissioner for approval to decline to act on an access to information request, arguing it was both vexatious and an abuse of the right of access. The request sought materials for a specific course offered during a particular period. The institution contended the request was repetitive, noting the requester had submitted over 900 requests, many of which were identical or substantially similar, and had already received the requested records and complained to the OIC regarding previous responses. The requester acknowledged some repetitiveness but denied any intent to be vexatious or abusive. The Commissioner found that while the volume of requests alone does not constitute abuse, the duplicative nature of the current request, which sought no new information and was entirely captured by previous requests, did. The Commissioner concluded that the repeated requests for substantively the same information, despite previous OIC investigations and available recourse to the Federal Court, constituted a misuse and abuse of the Access to Information Act. Consequently, the Commissioner granted the institution's application.

• Whether the access request was vexatious under s.6.1(1) ATIA
• Whether the access request was an abuse of the right of access under s.6.1(1) ATIA
• Whether the volume of requests alone substantiates a finding of abuse
• Whether the duplicative nature of the request, given previous requests, constitutes abuse

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