BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/3217-00059 — Privy Council Office
Office of the Information Commissioner of CanadaAccess to Information Act3217-00059Well-founded
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3217-00059 — Privy Council Office

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

The complainant alleged that the Privy Council Office (PCO) improperly withheld records from 1981 under access to information exemptions related to confidential information from government bodies and international affairs/national security. PCO initially withheld information but later stated it would disclose most of it, except for specific categories. The Information Commissioner found that PCO had not properly applied the exemptions and recommended disclosure of all information. However, PCO indicated it would not implement the recommendation.

  • Whether information regarding liaison officers' titles was obtained in confidence under subsection 13(1) of the ATIA.
  • Whether the disclosure of various records, including liaison officer titles, distribution markings, CSE employee names, and intelligence report titles, could reasonably be expected to harm international affairs, national security, or defence under subsection 15(1) of the ATIA.
  • Whether PCO properly exercised its discretion in withholding information under subsections 13(1) and 15(1) of the ATIA.
  • PCO's refusal to implement the Commissioner's recommendations.

Complaint well founded

The Commissioner concluded that the Privy Council Office failed to demonstrate that the withheld information met the requirements of the exemptions claimed under subsections 13(1) and 15(1) of the Access to Information Act. The institution also indicated it would not implement the Commissioner's recommendations for 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
  • s.19(1) ATIA

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