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. However, the Commissioner found that the institution's submissions and evidence were insufficient to demonstrate that the access request met the criteria for abuse of right. The Commissioner noted that the institution appeared to confuse the issue of whether records were under its control with the question of abuse of right, and also failed to demonstrate any attempt to assist the requester. Consequently, the Commissioner decided that the application did not merit further consideration and denied the institution's request.

• Whether the access request constituted an abuse of the right of access under s.6.1(1) ATIA
• Whether the institution provided sufficient evidence to support its s.6.1 application
• Whether the institution attempted to assist the requester