5822-07099 — National Defence
The complainant alleged that National Defence (DND) improperly withheld information under subsection 19(1) (personal information) of the Access to Information Act and failed to conduct a reasonable search for records. The request sought records related to the funding of a medical residency training program. DND conceded that it had not properly applied subsection 19(1) in all instances and issued a supplementary disclosure, with the Commissioner finding the remaining withholdings appropriate. However, the Commissioner concluded that DND did not conduct a reasonable search initially, as additional records were found during the investigation, and some responsive records that should have existed were not retained. The Commissioner recommended DND ensure employees receive training and support on information management responsibilities. DND agreed to implement the recommendations and shared a plan for improving records management practices. The complaint was found to be well founded.
- 1Whether information was properly withheld under subsection 19(1) ATIA
- 2Whether the information met the requirements of subsection 19(1) ATIA
- 3Whether DND reasonably exercised its discretion under subsection 19(2) ATIA
- 4Whether DND conducted a reasonable search for records
- 5Whether DND failed to pursue inquiries to locate all responsive records
- Application of s.19(1): Exemption not properly applied, supplementary disclosure made
- Reasonableness of search: Search found to be unreasonable, additional records located
- Records retention: Responsive records not retained
- Training and support: Training and support recommended for information management
- Complaint outcome: Complaint found to be well-founded
Complaint well founded — DND agreed to implement recommendations
DND improperly withheld some information under s.19(1) initially, though the remaining withholdings were justified. More significantly, DND failed to conduct a reasonable search for records, as evidenced by additional records found during the investigation and the non-retention of other responsive records.
The Commissioner recommended that National Defence ensure its employees receive training and support on information management responsibilities and procedures, and are instructed to comply with those responsibilities. DND gave notice that it would be implementing these recommendations.
- s.19(1) ATIA
- s.19(2) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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