3219-00372 — Correctional Service Canada
The complainant alleged that Correctional Service Canada (CSC) improperly withheld an inmate's carceral file under subsection 19(1) of the Access to Information Act (ATIA). The investigation found that CSC had not retrieved or processed the records before applying the exemption, meaning they could not justify withholding the information. The Information Commissioner recommended CSC retrieve, process, and respond to the request, a recommendation CSC agreed to implement.
- Application of subsection 19(1) of the ATIA (personal information)
- Proper retrieval and processing of records before applying exemptions
- Reasonable exercise of discretion under subsection 19(2) of the ATIA
- Duty to sever non-exempt information under section 25 of the ATIA
Complaint well founded — disclosure ordered
The institution failed to properly retrieve and process the records before applying the personal information exemption and could not demonstrate that it had reasonably exercised its discretion regarding disclosure.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner recommended that the institution retrieve, process, and disclose the requested information, issuing a new response to the complainant.
- s.19 ATIA
- s.19(1) ATIA
- s.19(2) ATIA
- s.25 ATIA
- s.37(4) ATIA
- s.8 Privacy Act
This is an informational summary only and does not constitute legal advice.