BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Privy Council Office (Re), 2024 OIC 24
Office of the Information Commissioner of CanadaAccess to Information Act3217-00058Well-founded
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Privy Council Office (Re), 2024 OIC 24

Organization: Privy Council Office
Decision: May 9, 2024Published: May 9, 2024

The complainant alleged that the Privy Council Office (PCO) improperly withheld information regarding Minutes of the Intelligence Advisory Committee from 1979, citing exemptions related to confidential government information and international affairs. Although PCO agreed to release some information during the investigation, it continued to withhold other details. The Information Commissioner found that PCO failed to properly justify the continued withholding of information under subsections 13(1) and 15(1) of the Access to Information Act. The Commissioner recommended full disclosure, but PCO stated it would not implement this recommendation.

  • Proper application of subsection 13(1) ATIA (confidential information from government bodies)
  • Proper application of subsection 15(1) ATIA (international affairs, national security, defence)
  • PCO's justification for withholding titles of Liaison Officers and CSE employees
  • PCO's justification for withholding distribution markings and intelligence report titles

Complaint well founded — disclosure recommended

The Information Commissioner found that the Privy Council Office failed to demonstrate that the withheld information met the requirements for exemption under subsections 13(1) and 15(1) of the Access to Information Act, and recommended its disclosure.

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Recommended action / remedy

The Commissioner recommended that the Privy Council Office disclose the records in their entirety, with the exception of the names of Liaison Officers from other allied countries, and provide a new response within 60 business days.

Statutory provisions cited
  • s.13(1) ATIA
  • s.15(1) ATIA
  • para. 21(1)(b) ATIA
  • para. 30(1)(a) ATIA

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