BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-02551 — National Defence
Office of the Information Commissioner of CanadaAccess to Information Act5823-02551Well-founded
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5823-02551 — National Defence

Organization: National Defence
Decision: Jun 13, 2024Published: Jun 13, 2024

The complainant alleged that National Defence failed to respond to an access request within the 30-day period required by the Access to Information Act. The request concerned documents related to Operation Safe Haven. The Information Commissioner found that National Defence did not meet its obligation to respond within the timeframe, deeming access refused. The Commissioner specifically cited unacceptable delays by the Canadian Forces Intelligence Command in retrieving records. An order was issued for National Defence to provide a complete response within 60 business days, along with recommendations for improving internal processes and accountability for timely record retrieval.

  • Failure to respond within the statutory 30-day period
  • Unacceptable delay in retrieving records from an Office of Primary Interest (CFINTCOM)
  • Deemed refusal of access under subsection 10(3) of the ATIA
  • Need for improved internal processes and accountability for timely record provision

Complaint well founded — order to respond issued

The Information Commissioner found that National Defence did not respond to the access request within the 30-day period required by section 7 of the Act. Significant delays occurred due to the Canadian Forces Intelligence Command's failure to provide responsive records, leading to a deemed refusal under subsection 10(3).

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Recommended action / remedy

National Defence was ordered to provide a complete response to the access request no later than the 60th business day following the date of the final report.

Statutory provisions cited
  • s.7 ATIA
  • s.9 ATIA
  • s.10(3) ATIA
  • s.30(1)(a) ATIA

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