5819-03938 — Employment and Social Development Canada
The complainant alleged that Employment and Social Development Canada (ESDC) wrongly stated it could not process an access request for records concerning a named employee, such as leave dates, job grade, and salary history. ESDC initially claimed these records, being the personal information of another individual, were outside its control. The OIC found that while the records did contain personal information, they were nevertheless under ESDC's control as they related to institutional operations and employment purposes. ESDC ultimately agreed to process the request.
- Control of records
- Definition of 'under the control' of an institution
Complaint well founded
The OIC concluded that the records, though containing personal information of a third party, were under the institution's control because they related to institutional operations and employment purposes. As a result, the institution was obligated to process the request under the Act.
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The institution was ordered to process the access request.
- s. 37(1)(a) ATIA
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