Federal (Canada)Access to Information ActWell-founded

5820-00156 — Natural Resources Canada

Organization: Natural Resources CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Natural Resources Canada (NRCan) failed to conduct a reasonable search for driving data, including GPS data and driver logbook entries from its fleet vehicles, for three specific time periods. The OIC's investigation found that while NRCan's Office of Primary Interest conducted a search of corporate repositories, NRCan also had a responsibility to retrieve GPS data stored with a third-party data storage company. NRCan conceded that this data, though not in its physical possession, was under its control according to the Access to Information Act. Consequently, NRCan retrieved the GPS records and located additional logbook entries, which were subsequently provided to the complainant during the investigation. The Commissioner concluded that NRCan's initial search was not reasonable as it failed to include records under its control held by a third party. The complaint was found to be well founded.

Key issues
  1. 1Whether Natural Resources Canada conducted a reasonable search for records
  2. 2Whether GPS data held by a third-party data storage company was under the control of Natural Resources Canada for the purposes of the Access to Information Act
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Initial search found unreasonable
  • Records under control: Third-party held data deemed under control
  • Disclosure of records: Additional records provided during investigation
  • Complaint outcome: Complaint well founded
Outcome

Complaint well founded

Reasoning

Natural Resources Canada failed to conduct a reasonable search by not retrieving GPS data from a third-party data storage company, which was determined to be under its control according to the two-step legal test established by the Supreme Court of Canada. The institution subsequently provided the records during the investigation.

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Decision notes
Statutes considered
  • s.4 ATIA

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

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