Federal (Canada)Access to Information ActWell-founded

5823-01652 — Communications Security Establishment Canada

Organization: Communications Security Establishment CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Communications Security Establishment Canada (CSE) failed to respond to an access request within the 30-day period mandated by section 7 of the Access to Information Act. The request sought records related to a previous access request, expanding the search timeframe. The investigation confirmed that CSE did not respond by the due date, leading to a deemed refusal of access under subsection 10(3) of the Act. The delay was attributed to a lack of responsiveness from two Offices of Primary Interest within CSE. The Information Commissioner found the delay unacceptable and ordered CSE to provide a complete response to the access request. CSE subsequently notified the Commissioner that it would implement the order.

Key issues
  1. 1Whether Communications Security Establishment Canada responded to the access request within the 30-day period required by section 7 of the Access to Information Act
  2. 2Whether Communications Security Establishment Canada is deemed to have refused access under subsection 10(3) of the Access to Information Act
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Deemed refusal confirmed
  • Response to request: Full response ordered
Outcome

Complaint well founded — disclosure ordered

Reasoning

Communications Security Establishment Canada failed to respond to the access request within the statutory 30-day timeframe, resulting in a deemed refusal. The delay was caused by internal unresponsiveness from Offices of Primary Interest.

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Decision notes
Recommended action / remedy

The Minister of National Defence is ordered to provide a complete response to the access request no later than 36 business days after the date of the final report.

Statutes considered
  • s.7 ATIA
  • s.9 ATIA
  • s.10(3) ATIA
  • s.30(1)(a) ATIA

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

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