BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5821-00483 — Department of National Defence
Office of the Information Commissioner of CanadaAccess to Information Act5821-00483Well-founded
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5821-00483 — Department of National Defence

Organization: Department of National Defence
Decision: Nov 10, 2021Published: Nov 10, 2021

The complainant requested all records of misconduct by an identified individual from the Department of National Defence (DND). DND refused to process the request, claiming it did not meet the requirements of section 6 of the Access to Information Act. The OIC found that DND's representations were insufficient to demonstrate the request lacked detail and noted that exemptions for personal information or privacy concerns under the Privacy Act do not invalidate a request under the Access to Information Act. DND ultimately conceded the request met the requirements of section 6 and agreed to process it.

  • Whether the request provided sufficient detail to identify records under section 6 of the ATIA.
  • Whether exemptions under section 19 of the ATIA or the Privacy Act can invalidate a request under section 6 of the ATIA.
  • Whether the ATIA applies notwithstanding other Acts of Parliament.

Complaint well founded

The OIC found that the institution failed to demonstrate that the request did not provide sufficient detail to identify records. The institution's concerns about personal information exemptions and the Privacy Act were not valid reasons to refuse to process the request, as the ATIA applies notwithstanding other Acts.

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Recommended action / remedy

The Department of National Defence agreed to process the request as worded.

Statutory provisions cited
  • s.6 ATIA
  • s.19 ATIA
  • s.4(1) ATIA
  • s.41 ATIA
  • s.43 ATIA
  • s.7(b) Privacy Act
  • s.8(2) Privacy Act
  • s.19(1) ATIA
  • s.19(2) ATIA

This is an informational summary only and does not constitute legal advice.