5819-03939 — Employment and Social Development Canada
The complainant alleged that Employment and Social Development Canada (ESDC) wrongly refused to process an access request for emails containing specific keywords, claiming they were not under its control. The emails were stored on ESDC servers and sent using a government account. However, the OIC found that the emails were entirely personal, had no institutional purpose, and were not integrated with ESDC's records. Therefore, the OIC concluded the emails were not under ESDC's control and not subject to the Access to Information Act, resulting in the complaint being not well founded.
- Whether the requested emails were under the control of Employment and Social Development Canada for the purposes of the Access to Information Act.
Complaint not well founded
The Office of the Information Commissioner determined that although the emails were stored on ESDC servers and sent via a government account, they were entirely personal in nature, lacked any institutional purpose or requirement, and were not integrated with ESDC's records. These factors indicated the emails were not under ESDC's control.
AI-generated summary for reference only. Always verify against the official decision ↗
- Access to Information Act
This is an informational summary only and does not constitute legal advice.