Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 163 The local authority 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.273 Evidence of previous requests is relevant to the determination of whether the current request is repetitious.274 2. Do the repetitious or systematic requests amount to an abuse of the right of access or correction? An abuse of the right of access or correction is where an applicant is using the access/correction provisions of LA FOIP in a way that is contrary to its principles and objects. Abuse of the right of access or correction can have serious consequences for the rights of others and for the public interest. By overburdening a local authority, misuse by one person can threaten or diminish a legitimate exercise of that same right by others. Such abuse also harms the public interest since it unnecessarily adds to a local authority’s costs of complying with the Act. Once it is determined that the requests are repetitious or systematic, one must consider whether there is a pattern or type of conduct that amounts to an abuse of the right of access or correction or are made for a purpose other than to obtain access to information or correction. It is possible to have a repetitious request without there being an abuse of the right of access. For example, applicants are not always sure how to word their access requests and may submit additional requests to pinpoint the specific records they are seeking. Although the requests may be repetitious, it would not be an abuse of the right of access. Such a situation would be better handled through the duty to assist and clarification with the applicant. 273 AB IPC Request to Disregard F2019-RTD-01 at p. 10. 274 AB IPC Request to Disregard F2019-RTD-01 at p. 9.
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