3219-00372 — Correctional Service Canada
The complainant alleged that Correctional Service Canada (CSC) improperly withheld information under subsection 19(1) of the Access to Information Act, concerning an inmate's carceral file. The OIC investigation found that CSC had not retrieved or processed the records before applying the exemption, thus failing to properly exercise its jurisdiction. CSC argued that carceral files are inherently personal information and that retrieving them posed a privacy threat. The Commissioner determined that without reviewing the records, CSC could not legitimately claim the information met the criteria for personal information under s.19(1) or properly consider the discretionary release provisions of s.19(2). CSC subsequently reversed its position and agreed to retrieve and process the records. The complaint was found to be well founded, and CSC committed to implementing the Commissioner's recommendations.
- 1Whether Correctional Service Canada properly applied s.19(1) ATIA without retrieving or processing the records
- 2Whether the information met the criteria for personal information under s.19(1) ATIA without a review of the records
- 3Whether Correctional Service Canada properly exercised its discretion under s.19(2) ATIA without reviewing the records
- 4Whether Correctional Service Canada met its obligations under s.25 ATIA regarding severance
- Application of exemption: Exemption improperly applied without review
- Jurisdiction: Institution failed to properly exercise jurisdiction
- Record processing: Institution agreed to retrieve and process records
- Complaint outcome: Complaint well founded
Complaint well founded — disclosure ordered
Correctional Service Canada failed to retrieve and process the requested records before applying the exemption under subsection 19(1) of the ATIA. This prevented the institution from legitimately determining if the information met the criteria for personal information and from properly exercising its discretion under subsection 19(2) or its severance obligations under section 25.
The Commissioner recommended that the Minister of Public Safety and Emergency Preparedness proceed with the retrieval and processing of the requested information, have a delegated official review the records, re-exercise discretion taking into account all relevant factors, disclose any severable non-exempt information, and issue a new response to the complainant.
- s.19(1) ATIA
- s.19(2) ATIA
- s.25 ATIA
- s.8 Privacy Act
This summary is for informational purposes only and does not constitute legal advice.
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