BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5821-03023 — Canadian Security Intelligence Service and Royal Canadian Mounted Police
Office of the Information Commissioner of CanadaAccess to Information Act5821-03023Well-founded
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5821-03023 — Canadian Security Intelligence Service and Royal Canadian Mounted Police

Organization: Canadian Security Intelligence Service
Decision: Jan 28, 2022Published: Jan 28, 2022

The complainant alleged that the Canadian Security Intelligence Service (CSIS) failed to respond to an access request within the statutory time limits. CSIS initially claimed a 240-day time extension, which the OIC found to be valid. However, CSIS ultimately failed to respond by the extended deadline, leading to the complainant filing a second complaint. The OIC found the complaint to be well-founded due to CSIS's prolonged delay and failure to provide adequate explanations.

  • Failure to respond within statutory time limits
  • Validity of claimed time extension
  • Deemed refusal of access under subsection 10(3)
  • Adequacy of reasons for delay

Complaint well founded — order issued for response

CSIS failed to respond to the access request by the extended statutory deadline, resulting in a deemed refusal of access. The institution's explanations for the extensive delays were found to be inadequate.

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Recommended action / remedy

CSIS was ordered to complete the processing of the access request and provide a response within 36 business days.

Statutory provisions cited
  • s.9(1)(b) ATIA
  • s.10(3) ATIA
  • s.36.1(1) ATIA

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