Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 147 It is not improper to request information from the state for the purpose of seeking civil redress arising from the manner in which the state conducted proceedings against an applicant.243 When considering whether a request for review was made on grounds that are frivolous or vexatious, the Commissioner is determining whether there is a pattern or type of conduct that amounts to an abuse of the right of access. Depending on the nature of the case, one factor alone or multiple factors in concert with each other can lead to a finding that a request is an abuse of the right of access.244 The following are the factors considered when determining if there is a pattern or type of conduct that amounts to an abuse of the right of access: • Number of requests: is the number excessive. Where the volume of requests interferes with the operations of a public body it can be argued the requests are excessive. To interfere with operations, the volume of requests must obstruct or hinder the range of effectiveness of the local authority’s activities. • Nature and scope of the requests: are they excessively broad and varied in scope or unusually detailed. Are they identical to or similar to previous requests? • Purpose of the requests: are the requests intended to accomplish some objective other than to gain access. For example, are they made for “nuisance” value, or is the applicant’s aim to harass the local authority or to break or burden the system. • Timing of the requests: is the timing of the requests connected to the occurrence of some other related event, such as a court or tribunal proceeding.245 • Wording of the request: are the requests or subsequent communications in their nature offensive, vulgar, derogatory or contain unfounded allegations. Offensive or intimidating conduct or comments by applicants is unwarranted and harmful. They can also suggest that an applicant’s objectives are not legitimately about access to records. Requiring employees to be subjected to and to respond to offensive, intimidating, threatening, insulting conduct or comments can have a detrimental effect on well-being.246 243 AB IPC Request to Disregard F2019-RTD-01 at p. 13. 244 SK OIPC Review Report F-2010-002 at [70]. 245 Four factors adopted from ON IPC Order MO-3108 at [24]. Also in SK OIPC Review Report F-2010002 at [69]. 246 Fifth factor adopted from AB IPC Order F2015-16 at [39] to [54]. Added to criteria in SK OIPC Review Report 053-2015 at [15] and [38] to [41].
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