BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Privy Council Office (Re), 2024 OIC 30
Office of the Information Commissioner of CanadaAccess to Information Act3217-00060Well-founded
Flag of Canada

Privy Council Office (Re), 2024 OIC 30

Organization: Privy Council Office
Decision: May 15, 2024Published: May 15, 2024

The complainant alleged that the Privy Council Office (PCO) improperly withheld records containing minutes from the Intelligence Advisory Committee (IAC) from 1989, citing exemptions related to confidential information from government bodies and international affairs/national security. During the investigation, PCO agreed to disclose most records but continued to withhold specific categories, including liaison officer titles, information on foreign intelligence visits, dissemination markings, names of CSE employees, and intelligence report titles. The Information Commissioner found that PCO failed to justify withholding these records under the cited exemptions. The Commissioner recommended disclosure of all withheld information, except for the names of liaison officers from allied countries, which the complainant did not object to redacting. PCO subsequently announced it would not implement the Commissioner's recommendations.

  • Whether PCO properly applied exemptions under subsection 13(1) (confidential information from government bodies) and subsection 15(1) (international affairs, national security, defence) to the withheld records.
  • Whether PCO provided sufficient evidence to demonstrate a reasonable expectation of harm from the disclosure of the withheld information.
  • Whether PCO properly exercised its discretion in withholding information.
  • Whether PCO's reliance on paragraph 21(1)(b) (account of consultations or deliberations) was justified.

Complaint well founded — disclosure ordered

The Commissioner concluded that the Privy Council Office failed to demonstrate that the withheld information met the requirements of subsections 13(1) and 15(1) of the Access to Information Act, as there was insufficient evidence of confidentiality or a reasonable expectation of harm from disclosure, particularly given the age of the records and previous disclosures of similar information.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The Commissioner recommended that the Privy Council Office disclose all withheld records, 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.21(1)(b) ATIA

This is an informational summary and not legal advice.