BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Privy Council Office (Re), 2020 OIC 13
Office of the Information Commissioner of CanadaAccess to Information Act2020 OIC 13Well-founded
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Privy Council Office (Re), 2020 OIC 13

Organization: Privy Council Office
Decision: Nov 9, 2020Published: Nov 9, 2020

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request for minutes of the Joint Intelligence Committee from 1968 within the statutory time limits. PCO claimed an extension for consultations, but when other institutions did not respond, PCO closed the file based on its "no late file" policy. The OIC found that the Act does not permit PCO to fail to respond due to unreceived recommendations and determined PCO was in deemed refusal.

  • Timeliness of response to access request
  • Proper application of time extension provisions
  • PCO's "no late file" policy in relation to the Act

Complaint well founded

The Information Commissioner found that the Privy Council Office improperly failed to respond to the access request within the time limits set by the Act, and that its "no late file" policy was not authorized.

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Recommended action / remedy

The Information Commissioner recommended that PCO respond to the access request and revise its "no late file" policy to comply with the Act. PCO committed to responding by December 17, 2020, and revoked its policy.

Statutory provisions cited
  • s.10(3) ATIA

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