
5820-04413 and 5822-04414 — Public Health Agency of Canada
The complainant alleged that the Public Health Agency of Canada (PHAC) failed to conduct a reasonable search for records in response to two access requests. The requests sought electronic records related to masks, sent or received by a specific warehouse manager within defined timeframes. Initially, PHAC found no responsive records because the employee had deleted their entire mailbox, considering the contents transitory. During the OIC's investigation, PHAC conducted additional searches using IT forensics and identified 107 pages of responsive records, which were subsequently released. The Commissioner found that PHAC's initial search was inadequate as it did not consider other potential sources of records, such as emails sent to or from the employee by others, or corporate repositories. Despite the subsequent release of records and PHAC's commitment to an action plan for improved information management, the Commissioner concluded that the complaints were well founded due to the initial failure to conduct a reasonable search.
- 1Whether the Public Health Agency of Canada conducted a reasonable search for records in response to the first access request (5820-04413)
- 2Whether the Public Health Agency of Canada conducted a reasonable search for records in response to the second access request (5820-04414)
- 3Whether the deletion of an employee's email account impacted the ability to conduct a reasonable search
- 4Whether PHAC considered all reasonable sources for responsive records
- Reasonable search: Initial search inadequate
- Records disclosure: Records subsequently released
- Complaint outcome: Complaint well founded
Complaint well founded
PHAC's initial search efforts were deemed unreasonable because they failed to explore alternative sources for records after discovering the employee's mailbox had been deleted. Although records were later found and released during the investigation, the initial failure to conduct a comprehensive search constituted a breach of the institution's obligations under the Act.
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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