Privy Council Office (Re), 2024 OIC 28
The complainant alleged that the Privy Council Office (PCO) improperly withheld information from Minutes of the Joint Intelligence Committee from 1963 under subsections 13(1) and 15(1) of the Access to Information Act. During the investigation, PCO agreed to disclose most of the previously withheld information, but maintained exemptions for specific categories. The Information Commissioner found that PCO failed to provide sufficient evidence that the remaining withheld information met the requirements for exemption under either subsection 13(1) or 15(1). The Commissioner concluded that publicly available information and previous disclosures by Canada and allied countries discredited PCO's arguments for harm or confidentiality. The Commissioner recommended that PCO disclose the information, with the exception of the names of Liaison Officers from other allied countries, to which the complainant did not object. PCO notified the Commissioner that it would not implement the recommendations, stating it would release a high percentage of the information after further consultations. The complaint was found to be well founded.
- 1Whether information was obtained in confidence from a government body under s.13(1) ATIA
- 2Whether titles of Liaison Officers from other countries were obtained in confidence
- 3Whether information regarding visits of Intelligence Community members from other countries was obtained in confidence
- 4Whether disclosure of information could reasonably be expected to harm international affairs, national security, or defence under s.15(1) ATIA
- 5Whether disclosure of titles of Liaison Officers from other countries could reasonably be expected to cause harm under s.15(1) ATIA
- 6Whether disclosure of distribution markings of classified reports could reasonably be expected to cause harm under s.15(1) ATIA
- 7Whether disclosure of names of CSE employees could reasonably be expected to cause harm under s.15(1) ATIA
- 8Whether disclosure of certain Intelligence Report titles could reasonably be expected to cause harm under s.15(1) ATIA
- 9Whether PCO reasonably exercised its discretion to withhold information under s.13(1) ATIA
- 10Whether PCO reasonably exercised its discretion to withhold information under s.15(1) ATIA
- s.13(1) international affairs: Exemption not justified
- s.15(1) international affairs: Exemption not justified
- Disclosure of records: Disclosure recommended
- Complaint status: Well founded
Complaint well founded — disclosure ordered, but institution refused to implement
The Commissioner found that PCO did not provide sufficient evidence to demonstrate that the withheld information met the requirements of either subsection 13(1) or 15(1). Publicly available information and previous disclosures by Canada and allied countries contradicted PCO's claims of confidentiality and potential harm.
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 to the request within 60 business days.
- s.13(1) ATIA
- s.15(1) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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