5822-02699 — National Defence
The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day statutory period, leading to a deemed refusal. The request sought records related to strategic communications campaigns concerning perceptions about drones. DND argued that the request did not meet the requirements of section 6 of the Access to Information Act, claiming it lacked sufficient detail to identify records with reasonable effort. The Information Commissioner found that the request, which included a timeframe and subject, provided sufficient detail for an experienced employee to identify the records. The Commissioner also rejected DND's arguments that parts of the request were hypothetical or related to external academic papers. Consequently, DND was found to be in a state of deemed refusal. The complaint was well founded, and DND was ordered to provide a complete response to the access request.
- 1Whether National Defence responded to the access request within the 30-day period set out in section 7 of the Act
- 2Whether the access request met the requirements of section 6 of the Act to provide sufficient detail to identify records with reasonable effort
- 3Whether the request for 'strategic communications campaign(s)' was too broad
- 4Whether parts of the request were related to a hypothetical strategic communications plan
- 5Whether parts of the request were related to an academic paper not available within DND/CAF
- Timeliness / deemed refusal: Deemed refusal upheld
- Sufficiency of request: Request deemed sufficiently detailed
- Scope of request: DND's arguments on scope rejected
- Complaint outcome: Complaint well founded
- Disclosure of records: Complete response ordered
Complaint well founded — disclosure ordered
The Information Commissioner determined that the access request met the requirements of section 6 of the Act, as it included a timeframe and subject, enabling an experienced employee to identify the records with reasonable effort. DND's arguments against the clarity and scope of the request were rejected. Since DND did not respond within the statutory timeframe and its refusal to process the request was unjustified, it was in a state of deemed refusal.
The Minister of National Defence is ordered to provide a complete response to the access request on the 36th business day following the date of the final report.
- s.6 ATIA
- s.7 ATIA
- s.10(3) ATIA
- s.30(1)(a) ATIA
- s.36.1(1) ATIA
This summary is for informational purposes only and does not constitute legal advice.
The OIC order issued after this final report — sets out the institution's compliance obligations.
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