Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 153 appropriate for requesters to seek information “to publicize what they consider to be inappropriate or problematic decisions or processes undertaken” by local authorities.250 When considering whether a request for review was made on grounds that are frivolous, vexatious or not in good faith, the Commissioner is determining whether there is a pattern or type of conduct that amounts to an abuse of the right of access. The following factors are considered. 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: • Number of requests: is the number excessive. Where the volume of requests interferes with the operations of a local authority 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 public body 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?251 • 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.252 250 ON IPC Order MO-1924 at p. 9. 251 Four factors adopted from ON IPC Order MO-3108 at [24]. Also, in SK OIPC Review Report F-2010002 at [69]. 252 Fifth factor adopted from AB IPC Order F2015-16 at [39] to [54]. Also, in SK OIPC Review Report 053-2015 at [15] and [38] to [41].
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