There have been cases before the courts where a decision ended up being made that the request was frivolous, but you have to go quite far into the process set out in the act before a request is ruled frivolous. I should tell you that we have had a case where a person who was no longer an employee made a request every three months for information that did not exist. Every three months, she made a new request where she asked for the same thing. At some point, obviously, she lodged a complaint with the privacy commissioner who confirmed that the object of her request did not exist, that it was a frivolous request. A request cannot be considered frivolous the first time, nor probably the second or third time, but after ten or twelve times, it becomes frivolous, I believe.
On December 4th, 2006. See this statement in context.