BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5820-00156 — Natural Resources Canada
Office of the Information Commissioner of CanadaAccess to Information Act5820-00156Well-founded
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5820-00156 — Natural Resources Canada

Organization: Natural Resources Canada
Decision: Nov 22, 2021Published: Nov 22, 2021

The complainant alleged that Natural Resources Canada (NRCan) did not conduct a reasonable search for driving data, including GPS and logbook information from its fleet vehicles. The OIC investigation found that NRCan had failed to search for GPS data stored by a third-party data storage company, which was determined to be under NRCan's control. NRCan later retrieved this data and additional logbook records, which were provided to the complainant.

  • Reasonableness of the search conducted by the institution
  • Definition of 'control' of records held by a third party

Complaint well founded

The OIC determined that NRCan did not conduct a reasonable search because it failed to retrieve GPS data stored by a third-party company, which was considered to be under NRCan's control. The institution subsequently retrieved this data and additional logbook records, which were released to the complainant.

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Recommended action / remedy

NRCan was required to conduct a reasonable search and release all responsive records.

Statutory provisions cited
  • Access to Information Act

This is an informational summary and not legal advice.