BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-01652 — Communications Security Establishment Canada
Office of the Information Commissioner of CanadaAccess to Information Act5823-01652Well-founded
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5823-01652 — Communications Security Establishment Canada

Organization: Communications Security Establishment Canada
Decision: Apr 23, 2024Published: Apr 23, 2024

The complainant alleged that the Communications Security Establishment Canada (CSE) failed to respond to an access request within the mandatory 30-day timeframe. The request sought records related to a previous access request. The Office of the Information Commissioner found that CSE did not respond by the deadline, leading to a deemed refusal of access. The delay was attributed to unresponsiveness from internal offices responsible for retrieving records. The Commissioner ordered CSE to provide a response to the access request within 36 business days.

  • Failure to respond within the 30-day statutory period
  • Deemed refusal of access due to delay
  • Impact of internal office unresponsiveness on meeting access obligations

Complaint well founded — disclosure ordered

The investigation confirmed that the institution did not respond to the access request by the required deadline, and therefore, it was deemed to have refused access under subsection 10(3) of the Act. The delay was caused by internal unresponsiveness, which is unacceptable.

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Recommended action / remedy

The institution was ordered to provide a complete response to the access request no later than 36 business days after the date of the final report.

Statutory provisions cited
  • s.7 ATIA
  • s.10(3) ATIA
  • s.30(1)(a) ATIA

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