Canadian Privacy Decisions

An institution applied to the Information Commissioner for approval to decline an access to information request, arguing it was vexatious and an abuse of the right to access records. The requester sought all emails, text messages, and computer files from three HR employees. The Commissioner found the request was overly broad, placed an undue burden on the institution, and impeded the rights of others, thus constituting an abuse of the right to access records. The Commissioner also found the institution had met its duty to assist the requester prior to making the application.

• Whether the access request constitutes an abuse of the right to make a request under subsection 6.1(1) of the ATIA.
• Whether the institution met its duty to assist obligations under subsection 4(2.1) of the ATIA.
• Whether the request was vexatious.