National Defence (Re), 2024 OIC 06
The complainant alleged that National Defence improperly withheld information concerning the Intelligence Advisory Committee under exemptions related to international affairs/national security (subsection 15(1)) and personal information (subsection 19(1)). While the institution disclosed some information during the investigation, the Information Commissioner found that the remaining withheld information did not meet the requirements of subsection 15(1), as the potential harm from disclosure was not apparent. The Commissioner recommended full disclosure, but National Defence disagreed and chose not to implement the recommendation.
- Whether withheld information meets the criteria for exemption under subsection 15(1) of the ATIA.
- Whether the institution demonstrated a reasonable expectation of harm from disclosing the remaining information.
- Whether the institution reasonably exercised its discretion to withhold information.
Complaint well founded — disclosure recommended; institution did not implement recommendation
The Commissioner determined that the institution failed to demonstrate that the remaining withheld information met the requirements of subsection 15(1) of the ATIA, as the potential harm from disclosure was not apparent, especially given the nature of the records (titles and dates) and the fact that similar information had been disclosed previously.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner recommended that National Defence disclose all information remaining withheld under subsection 15(1).
- s.15(1) ATIA
- s.19(1) ATIA
This is an informational summary only and does not constitute legal advice.