5820-04413 and 5822-04414 — Public Health Agency of Canada
The complainant alleged that the Public Health Agency of Canada (PHAC) did not conduct a reasonable search for records related to masks, requested under the Access to Information Act. PHAC initially stated no records existed as an employee deleted their entire email mailbox. During the investigation, PHAC conducted additional searches and found responsive records. The Commissioner found the complaints to be well-founded due to the initial inadequate search.
- Reasonableness of the search conducted by the institution
- Disposition of electronic records by an employee
- Institution's obligation to search beyond the employee's direct records
- Information management practices of the institution
Complaints well founded
The Commissioner found the search unreasonable because PHAC did not explore alternative sources for records or consider other individuals who might have communicated with the employee in question before determining no records existed. The subsequent search, conducted during the investigation, did identify responsive records.
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The Commissioner found the complaints well-founded and noted PHAC's action plan to improve information management and ATIP processes, making a formal order for an additional search unnecessary.
- s.30(1)(a) ATIA
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