BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/3218-00397 — Royal Canadian Mounted Police
Office of the Information Commissioner of CanadaAccess to Information Act3218-00397Well-founded
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3218-00397 — Royal Canadian Mounted Police

Organization: Royal Canadian Mounted Police
Decision: Jan 27, 2022Published: Jan 27, 2022

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld GPS coordinates of an RCMP vehicle and records of payments. The investigation focused on the GPS coordinates, which the RCMP claimed were exempt under paragraph 16(1)(c) and subsection 16(2) of the Access to Information Act. The Information Commissioner found that the RCMP failed to demonstrate that disclosing the 30-minute GPS data from four years prior met the exemption criteria or that its discretion to withhold was reasonably exercised. Consequently, the complaint was found to be well founded.

  • Applicability of paragraph 16(1)(c) to GPS coordinates
  • Applicability of subsection 16(2) to GPS coordinates
  • Reasonableness of discretion to withhold information
  • Timeliness and specificity of the withheld information

Complaint well founded — disclosure ordered

The Commissioner was not satisfied that the specific, limited, and dated GPS data met the criteria for exemption under either paragraph 16(1)(c) or subsection 16(2) of the Act, and the institution failed to demonstrate a reasonable exercise of discretion.

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Recommended action / remedy

The RCMP was recommended to release the GPS tracking information for the specified vehicle and time period.

Statutory provisions cited
  • s.16(1)(c) ATIA
  • s.16(2) ATIA

This is an informational summary and not legal advice.