Canadian privacy & access decisions

An institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act to decline to act on a 42-page access request containing 196 items, arguing it was vexatious, made in bad faith, and an abuse of the right of access. The requester objected to the institution unilaterally splitting the request into 196 separate files and argued that the Commissioner could not be impartial due to OIC employees visiting their company website. The Commissioner found that the institution had established that the request was an abuse of the right of access due to its excessive breadth and the burden it placed on the institution, despite the requester's modifications to the request being deemed untimely. The Commissioner also found that the institution had fulfilled its duty to assist the requester. Consequently, the Commissioner granted the institution's application to decline to act on the request.

• Whether the access request was vexatious under s.6.1(1) ATIA
• Whether the access request was made in bad faith 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 Commissioner had a conflict of interest
• Whether OIC employees visiting the requester's website constituted a breach of procedural fairness
• Whether the institution's employees had a conflict of interest
• Whether the requester's modifications to the request rendered the application moot
• Whether the institution met its duty to assist the requester under s.4(2.1) ATIA