When is a Freedom of Information request frivolous or
vexatious?
Freedom of information requests will be refused if they are
"frivolous or vexatious." The bar is very high for a
request to be considered frivolous or vexatious – the head of
the institution that is refusing the claim needs to have evidence
to substantiate their decision. This short article is intended to
give an overview of the law surrounding the Freedom of Information
and Protection of Privacy Act and its application to frivolous or
vexatious claims.
The Law: Basics
The Freedom of Information and Protection of Privacy
Act1, or "FIPPA", governs information requests
made by individuals to public institutions. The Information and
Privacy Commissioner of Ontario, or "IPCO" adjudicates
whether refusals are justified or not through decisions known as
"Orders."
