BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/3214-00380 — Library and Archives Canada
Office of the Information Commissioner of CanadaAccess to Information Act3214-00380Well-founded
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3214-00380 — Library and Archives Canada

Organization: Library and Archives Canada
Decision: Jan 31, 2022Published: Jan 31, 2022

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under subsection 15(1) (national security) and subsection 19(1) (personal information) of the Access to Information Act. The request was for information concerning Soviet Bloc deception practices. LAC initially withheld the entire record but later released some information, continuing to withhold portions under subsection 15(1). The Information Commissioner found that LAC failed to demonstrate that the withheld information met the requirements of the exemption, noting that much of the subject matter was already in the public domain. The Commissioner recommended full disclosure, but LAC stated it would not implement the recommendation.

  • Application of subsection 15(1) (national security) exemption
  • Availability of information in the public domain
  • LAC's failure to demonstrate potential harm from disclosure

Complaint well founded — disclosure recommended

The institution failed to demonstrate that the withheld information met the requirements of the national security exemption, particularly given the extent to which the subject matter was already publicly available. The institution offered no justification for the withheld information.

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Recommended action / remedy

The Commissioner recommended that Library and Archives Canada disclose all remaining withheld information.

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

This is an informational summary and not legal advice.