5819-03938 — Employment and Social Development Canada
The complainant alleged that Employment and Social Development Canada (ESDC) improperly refused to process an access request, claiming the records were outside its control. The request sought records related to a named employee, including dates of leave, job grade, letters of offer, and salary history. ESDC argued that because the records contained personal information of an individual other than the complainant, they were not under its control. The Office of the Information Commissioner (OIC) found that while the records were indeed personal information of a third party, they were nonetheless under ESDC's control as they related to institutional operations, employment purposes, and statutory requirements. Consequently, ESDC agreed to process the request and has since issued a response to the complainant. The OIC concluded that the complaint was well founded.
- 1Whether records containing personal information of a third party are "under the control" of the institution
- 2Whether the institution properly tasked Offices of Primary Interest to search for records
- 3Whether the records relate to institutional operations
- 4Whether the records are intended for employment-related purposes
- 5Whether the records fulfill a statutory requirement imposed on the institution
- Control of records: Records found to be under institution's control
- Refusal to process request: Refusal found improper
- Complaint outcome: Complaint well founded
Complaint well founded — institution agreed to process the request
The OIC determined that the records, despite containing personal information of a third party, were under the control of ESDC because they related to institutional operations, employment purposes, and statutory requirements. The institution's initial refusal to process the request based on a lack of control was therefore incorrect.
Employment and Social Development Canada agreed to process the access request and has since issued a response to the complainant.
- s.4 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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