Canadian Privacy Decisions

An institution applied under subsection 6.1(1) of the Access to Information Act for approval to decline to act on two access requests, arguing they constituted an abuse of the right to request information. The institution claimed the requests would overburden its operations, were repetitive, and intended to gain an advantage in legal proceedings. The Information Commissioner denied the application, finding the institution did not provide sufficient evidence to support these claims. The Commissioner noted the broad scope of the requests but concluded the institution failed to demonstrate they were an abuse of the Act.

• Whether the access requests constituted an abuse of the right of access by overburdening the institution.
• Whether the access requests constituted an abuse of the right of access due to their repetitive nature.
• Whether the purpose of the access requests was other than obtaining documents or information.
• Sufficiency of evidence provided by the institution regarding the estimated volume of records and operational impact.