5820-00631 — Privy Council Office
The complainant requested historical Canadian intelligence assessment records. The Privy Council Office (PCO) initially withheld information under subsections 15(1) (national security) and 19(1) (personal information) of the Access to Information Act. While the OIC found PCO's use of subsection 19(1) justified, it determined that PCO failed to demonstrate how disclosing the remaining information under subsection 15(1) would cause harm. The Information Commissioner ordered PCO to disclose the records.
- Whether the Privy Council Office met the requirements of subsection 15(1) of the Access to Information Act for withholding records related to distribution markings, CSE employee names, and allied distribution lists.
- Whether the Privy Council Office met the requirements of subsection 19(1) of the Access to Information Act for withholding personal information.
- Whether the Privy Council Office reasonably exercised its discretion in deciding not to disclose the information withheld under subsection 15(1).
- The timeliness and appropriateness of the Privy Council Office's submissions following the issuance of the initial report.
Complaint well founded — disclosure ordered
The OIC found that the Privy Council Office (PCO) did not provide sufficient evidence to demonstrate that the disclosure of the remaining records under subsection 15(1) of the Access to Information Act would cause harm to national security or international affairs. The Commissioner noted that PCO had previously released similar information and that PCO's arguments for withholding were often based on speculation rather than a reasonable expectation of probable harm. Furthermore, the Commissioner found that PCO did not properly exercise its discretion to disclose the information.
AI-generated summary for reference only. Always verify against the official decision ↗
The Information Commissioner ordered the Privy Council Office to disclose the responsive records withheld under subsection 15(1) in their entirety.
- s.15(1) ATIA
- s.19(1) ATIA
- s.30(1)(a) ATIA
- s.36.1(1) ATIA
- s.37(4) ATIA
- s.43 ATIA
This decision is for informational purposes only and does not constitute legal advice.