Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 125 • Are the requests close in their filing time. • Does the applicant continue to engage in a determined effort to request the same information (an important factor in finding whether requests are systematic, is to determine whether they are repetitious). • Is there a pattern of conduct on the part of the applicant in making the repeated requests that is regular or deliberate. • Does the applicant methodically request records or information in many areas of interest over extended time periods, rather than focusing on accessing specific records or information of identified events or matters. • Has the applicant requested records or information of various aspects of the same issue. • Has the applicant made a number of requests related to matters referred to in records already received. • Does the applicant follow up on responses received by making further requests. • Does the applicant question the content of records received by making further access requests. • Does the applicant question whether records or information exist when told they do not. • Can the requests be seen as a continuum of previous requests rather than in isolation.209 The government institution should address any of the above factors that apply. Depending on the nature of the case, one factor alone or multiple factors in concert with each other can lead to the first part of the test being met. There is an important distinction to be drawn between overlap and repetition. Where there is overlap between requests that are made at the same time, only one search will be required for all of the overlapping requests. Where more than one request has been made for the same information at more than one time, more than one search will be required for the same information. The latter is repetitious; the former is not.210 Evidence of previous requests is relevant to the determination of whether the current request is repetitious.211 2. Do the repetitious or systematic requests amount to an abuse of the right of access or correction? 209 NB IPC Interpretation Bulletin, Section 15 – Permission to disregard access request. 210 AB IPC Request to Disregard F2019-RTD-01 at p. 10. 211 AB IPC Request to Disregard F2019-RTD-01 at p. 9.
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