Federal (Canada)Access to Information ActWell-founded

5820-04289 — Global Affairs Canada

Organization: Global Affairs CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Global Affairs Canada (Global Affairs) failed to conduct a reasonable search for records related to 2010 roundtable discussions on international education and the "London Statement." The initial search yielded few records, prompting the Office of the Information Commissioner (OIC) to question the institution. Global Affairs admitted that additional responsive records should have existed but were not preserved due to inadvertence, including improper filing, destruction of IT accounts, and a malfunctioning USB drive. Following further inquiries from the OIC, Global Affairs conducted additional searches, including tasking former employees, which led to the discovery of additional responsive records on an internal drive and a CD-ROM. The Commissioner found that Global Affairs did not conduct a reasonable search initially and raised concerns about its information management practices. The complaint was found to be well founded, and Global Affairs was ordered to provide the newly found records and implement information management recommendations.

Key issues
  1. 1Whether Global Affairs Canada conducted a reasonable search for records
  2. 2Whether additional responsive records ought to have existed
  3. 3Whether the institution's information management practices were adequate
Outcome breakdownFavours: Applicant / complainant
  • Adequacy of search: Initial search unreasonable
  • Information management practices: Practices found deficient
  • Disclosure of records: Additional records ordered disclosed
  • Recommendations: Information management recommendations ordered
Outcome

Complaint well founded — disclosure ordered and information management recommendations made

Reasoning

Global Affairs Canada failed to conduct a reasonable search initially, as evidenced by the subsequent discovery of additional responsive records after further OIC inquiries, and acknowledged that records that should have existed were not preserved due to poor information management practices.

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Decision notes
Recommended action / remedy

The Minister of Foreign Affairs was ordered to provide a new response to the complainant, including the additional records found during the investigation, subject to applicable exceptions, and was recommended to save all records of business value to corporate repositories and remind employees of their information management responsibilities.

Statutes considered
  • s.30(1)(a) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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