BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5820-04289 — Global Affairs Canada
Office of the Information Commissioner of CanadaAccess to Information Act5820-04289Well-founded
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5820-04289 — Global Affairs Canada

Organization: Global Affairs Canada
Decision: Dec 11, 2023Published: Dec 11, 2023

The complainant alleged that Global Affairs Canada did not conduct a reasonable search for records related to international education roundtables in 2010 and Canada's decision not to endorse the "London Statement." The investigation found that additional responsive records should have existed but were not preserved due to inadvertence and poor information management practices. Global Affairs conducted further searches and found additional records. The Commissioner ordered Global Affairs to provide the newly found records and recommended improvements to information management practices.

  • Reasonableness of the search conducted by the institution
  • Proper preservation and retention of records
  • Identification and disclosure of responsive records

Complaint well founded — disclosure ordered

The institution's initial search was not reasonable because it failed to preserve records that should have existed and were responsive to the request. Although additional records were found through further efforts, the initial failure constituted a breach of the duty to conduct a reasonable search. The institution agreed to implement the Commissioner's orders and recommendations.

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Recommended action / remedy

The Commissioner ordered Global Affairs Canada to provide the additional responsive records found and recommended improvements to the institution's information management practices.

Statutory provisions cited
  • s.30(1)(a) ATIA

This is a summary of a decision and not legal advice.