Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 124 2019. Upon issuance of the disregard decision, the Commissioner discontinued all reviews involving SGI and the applicant that were open pertaining to the motor vehicle accident pursuant to subsections 50(2)(a) and (a.7) of FOIP (three files at the time) and any future requests for review involving the motor vehicle accident in 2019 would not be conducted pursuant to subsections 50(2)(a) and (a.7) of FOIP. Subsection 45.1(2)(b) Power to authorize a government institution to disregard applications or requests 45.1(2) In determining whether to grant an application or request mentioned in subsection (1), the commissioner shall consider whether the application or request: … (b) would amount to an abuse of the right of access or right of correction because of the repetitious or systematic nature of the application or request; or For this provision to be found to apply, the government institution would have to demonstrate that the applicant’s access to information requests or requests for correction are of such a repetitious or systematic nature that they can be said to be an abuse of the right of access or correction. Both parts of the following test must be met: 1. Are the requests for access or correction repetitious or systematic? Repetitious requests are requests that are made two or more times.206 Systematic requests are those made according to a method or plan of acting that is organized and carried out according to a set of rules or principles.207 It includes a pattern of conduct that is regular or deliberate.208 The following factors should be considered: • Are the requests repetitious (does the applicant ask more than once for the same records or information or for the same information to be corrected). • Are the requests similar in nature or do they stand alone as being different. • Do previous requests overlap to some extent. 206 BC IPC Order F10-01 at [16]. 207 BC IPC Order F13-18 at [23]. 208 AB IPC Request to Disregard F2019-RTD-01 at p. 9.
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