Canadian privacy & access decisions

A federal institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act, seeking approval to decline to act on an access request. The institution argued that the request constituted an abuse of the right of access. The Information Commissioner reviewed the institution's submission and found that the institution successfully demonstrated that the access request was indeed an abuse of the right of access. Consequently, the Commissioner determined that the circumstances justified granting the institution's application. The Commissioner approved the institution's request to decline to act on the access request.

• Whether the access request constituted an abuse of the right of access under s.6.1(1) ATIA
• Whether the circumstances warranted approval for the institution to decline to act on the request

The complainant alleged that Library and Archives Canada (LAC) took an unreasonable extension of time to respond to an access request for Royal Canadian Mounted Police (RCMP) records related to 'Project Anecdote'. LAC extended the time by 23,725 days (approximately 65 years), citing the need to digitize 780,000 pages of records and conduct consultations. The Commissioner found that LAC did not adequately demonstrate why the processing would be limited to a single employee, why tasks were calculated consecutively rather than concurrently, or why the extension period was reasonable. Furthermore, LAC could not specify the exact number of records requiring consultation, making the consultation extension unreasonable. Consequently, the Commissioner found the extension invalid, deeming LAC to have refused access to the records. The complaint was well founded, and LAC was ordered to respond forthwith and provide regular updates and interim releases.

• Whether the extension of time under s.9(1)(a) ATIA for volume of records was for a reasonable period
• Whether the extension of time under s.9(1)(b) ATIA for consultations was for a reasonable period
• Whether the institution's calculation of processing time based on a single employee was reasonable
• Whether the institution's calculation of processing time based on consecutive tasks was reasonable
• Whether the institution adequately justified the length of the extension claimed