5821-00483 — Department of National Defence
The complainant alleged that the Department of National Defence (DND) improperly refused to process an access request for records of misconduct by an identified individual. DND argued that the request did not meet the requirements of section 6 of the Access to Information Act, claiming it lacked sufficient detail and that processing it would violate privacy principles. The Office of the Information Commissioner (OIC) found DND's arguments unconvincing, noting that the request clearly identified the subject and specified search parameters. The OIC clarified that the potential applicability of privacy exemptions (s.19) does not invalidate a request under s.6, and that the Access to Information Act takes precedence over the Privacy Act in this context. DND subsequently conceded that the request was valid and agreed to process it as worded. The OIC concluded that the complaint was well founded.
- 1Whether the access request provided sufficient detail to enable an experienced employee to identify records with reasonable effort under s.6 ATIA
- 2Whether the request for information about another individual invalidates a request under s.6 ATIA
- 3Whether the potential for s.19 ATIA exemption (personal information) affects the validity of a request under s.6 ATIA
- 4Whether the Privacy Act's restrictions on use and disclosure of personal information authorize refusal to process a request under the Access to Information Act
- Validity of request: Request deemed valid under s.6
- Processing of request: Institution agreed to process request
- Complaint outcome: Complaint found well founded
Complaint well founded — institution agreed to process request
The OIC found that the request met the requirements of section 6 of the ATIA by providing sufficient detail to identify the records. The OIC also clarified that the potential applicability of exemptions like s.19 does not invalidate a request, and that the ATIA's right of access applies notwithstanding other Acts, including the Privacy Act.
The Department of National Defence agreed to process the access request as worded.
- s.4(1) ATIA
- s.6 ATIA
- s.19(1) ATIA
- s.19(2) ATIA
- s.7(b) Privacy Act
- s.8(2) Privacy Act
This summary is for informational purposes only and does not constitute legal advice.
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