3215-00664 — Canadian Security Intelligence Service and Department of Justice
The complainant alleged that the Canadian Security Intelligence Service (CSIS) did not conduct a reasonable search for records related to pay equity for unionized employees. CSIS argued that records held by its Departmental Legal Services Unit (DLSU) were under the control of the Department of Justice. The Information Commissioner found that CSIS had failed to establish it conducted a reasonable search, as records held by its DLSU might be under CSIS's control. The Commissioner recommended CSIS retrieve and review these records, but CSIS refused to implement the recommendations.
- Reasonableness of the search conducted by CSIS
- Determination of 'control' over records held by the Departmental Legal Services Unit
- Relationship between CSIS and the Department of Justice regarding information holdings
Complaint well founded — CSIS failed to conduct a reasonable search
The Commissioner found that CSIS's refusal to search its Departmental Legal Services Unit (DLSU) for records related to the request was premature. CSIS had not demonstrated that these records were definitively not under its control, despite the DLSU's involvement with the Department of Justice. Therefore, the search was considered incomplete and not reasonable.
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The Commissioner recommended that CSIS retrieve and review records from its DLSU, issue a new response to the complainant, and grant access to any additional responsive records.
- s.30(1)(a) ATIA
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