Federal (Canada)Access to Information ActWell-founded

Royal Canadian Mounted Police (Re), 2021 OIC 6

Organization: Royal Canadian Mounted PoliceComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under subsection 19(1) of the Access to Information Act, concerning a follow-up investigation related to a Code of Conduct decision against the complainant. During the investigation, the RCMP conceded that some of the withheld information was not personal information and issued a supplementary release. However, the RCMP maintained the application of subsection 19(1) on the remaining information. The Office of the Information Commissioner (OIC) found that the remaining withheld information was indeed personal information about another individual, meeting the requirements of the exemption. The OIC also concluded that none of the circumstances under subsection 19(2) that would warrant disclosure existed. Therefore, the complaint was found to be well founded because the RCMP initially withheld information that was not personal information, but the OIC upheld the exemption for the remaining records.

Key issues
  1. 1Whether the information initially withheld by the RCMP constituted personal information under s.19(1) ATIA
  2. 2Whether the remaining withheld information was personal information about another individual under s.19(1) ATIA
  3. 3Whether the circumstances for disclosure under s.19(2) ATIA existed
Outcome breakdownFavours: Both, in part
  • Application of s.19(1): Exemption not upheld for some information
  • Application of s.19(1): Exemption upheld for remaining information
  • Application of s.19(2): No disclosure warranted
Outcome

Complaint well founded, but remaining information properly withheld

Reasoning

The complaint was found well founded because the RCMP initially withheld information that it later conceded was not personal information and subsequently released. For the remaining information, the OIC concluded that it was personal information about another individual and that none of the conditions for disclosure under subsection 19(2) of the Act were met.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.19(1) ATIA
  • s.19(2) ATIA
  • s.3 Privacy Act

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

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