Canadian privacy & access decisions

An 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 the request was vexatious, made to seek retribution, bully, or circumvent an investigation, citing the requester's prior communications, refusal to narrow the request, and the timing and content of the request. The access request sought all emails, Teams messages, and iMessages from three ATIP office employees over a three-day period, regardless of subject matter. The Commissioner found that the institution did not establish that the request was vexatious. The Commissioner interpreted the requester's communications as indicating an intent to file an OIC complaint, not to bully or seek retribution, and found the refusal to narrow the scope plausible given the requester's stated interest in the ATIP office's deliberations. Consequently, the Commissioner denied the institution's application.

• Whether the access request was vexatious under subsection 6.1(1) ATIA
• Whether the requester's email stating 'further action will be taken' indicated a vexatious purpose
• Whether the requester's refusal to narrow the scope of the request indicated a vexatious purpose
• Whether the requester's email stating intent to contact the Public Sector Integrity Commissioner indicated a vexatious purpose
• Whether the content of the access request (seeking emails of ATIP employees) indicated a vexatious purpose
• Whether the timing of the access request indicated a vexatious purpose
• Whether there was a conflict of interest in the institution's application