3218-00397 — Royal Canadian Mounted Police
The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld GPS tracking records for a specific RCMP vehicle for a 30-minute period on February 19, 2017, under paragraphs 16(1)(c) and 16(2) of the Access to Information Act. The RCMP argued that releasing the GPS coordinates could reveal patrol patterns, facilitate illegal activities, and endanger officers. The Information Commissioner found that the RCMP did not demonstrate how this specific, limited, and four-year-old information could reasonably be expected to cause the alleged harms. The Commissioner also noted that the RCMP failed to explain its exercise of discretion regarding disclosure. Consequently, the complaint was found to be well-founded, and the Commissioner recommended the release of the withheld GPS information.
- 1Whether s.16(1)(c) law enforcement harm was reasonably expected from the disclosure of specific GPS coordinates
- 2Whether s.16(2) facilitation of an offence was reasonably expected from the disclosure of specific GPS coordinates
- 3Whether the institution reasonably exercised its discretion to withhold information under s.16(1)(c)
- 4Whether the institution reasonably exercised its discretion to withhold information under s.16(2)
- s.16(1)(c) law enforcement: Exemption not upheld
- s.16(2) law enforcement: Exemption not upheld
- Exercise of discretion: Institution failed to explain
- Disclosure of records: Records ordered disclosed
- Complaint outcome: Complaint well-founded
Complaint well founded — disclosure ordered
The Commissioner was not satisfied that the RCMP demonstrated a reasonable expectation of harm under either s.16(1)(c) or s.16(2) from the disclosure of limited, historical GPS data. The RCMP also failed to provide a reasonable explanation for its exercise of discretion.
The Commissioner recommended that the RCMP release the GPS tracking information of the RCMP vehicle with fender number WL6100 from 9:40am to 10:10am on February 19, 2017.
- s.16(1)(c) ATIA
- s.16(2) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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