BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/3213-01488 — Library and Archives Canada and RCMP Security Service
Office of the Information Commissioner of CanadaAccess to Information Act3213-01488Well-founded
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3213-01488 — Library and Archives Canada and RCMP Security Service

Organization: Library and Archives Canada
Decision: Jan 28, 2022Published: Jan 28, 2022

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information regarding a 1989 RCMP Security Service briefing on Hugh George Hambleton, citing national security exemptions. The Information Commissioner found that much of the information was already in the public domain, including details of Hambleton's espionage activities and parliamentary discussions. LAC failed to prove that disclosing the remaining information would reasonably be expected to cause harm, making the complaint well-founded.

  • Whether the withheld information met the criteria for the national security exemption under subsection 15(1) of the ATIA.
  • Whether the institution met its burden of proof to demonstrate potential harm from disclosure.
  • The impact of publicly available information on the claim of a national security exemption.

Complaint well founded — disclosure ordered

The Information Commissioner found that Library and Archives Canada failed to demonstrate that the withheld information met the requirements of the national security exemption under subsection 15(1) of the Access to Information Act, largely due to the extensive public availability of information regarding Hugh George Hambleton's activities.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The Commissioner recommended that the Minister of Canadian Heritage disclose the responsive records in their entirety.

Statutory provisions cited
  • s.13(1) ATIA
  • s.15(1) ATIA
  • s.19(1) ATIA

This is an informational summary and not legal advice.