5822-07099 — National Defence
The complainant alleged that National Defence (DND) improperly withheld information under the Access to Information Act's personal information exemption and failed to conduct a reasonable search. DND conceded it had not always properly applied the exemption and provided supplementary disclosure. The Information Commissioner found that while the remaining withheld information met the exemption criteria, DND's initial search was not reasonable as it failed to pursue all avenues to locate responsive records, including those lost due to poor information management practices. The Commissioner recommended improved training on information management.
- Proper application of the personal information exemption (section 19(1) ATIA)
- Reasonableness of the search conducted by the institution
- Adequacy of information management practices
- Burden of proof for withholding information
Complaint well founded — disclosure ordered and recommendations made
The Information Commissioner found the complaint well founded because National Defence improperly withheld information under section 19(1) of the ATIA and did not conduct a reasonable search. While the institution's subsequent actions and disclosure addressed some issues, the initial failure to locate all responsive records due to inadequate information management and search efforts made the complaint valid.
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The Commissioner recommended that National Defence's employees receive training and support on information management responsibilities and procedures, and be instructed to comply with those responsibilities.
- s.19(1) ATIA
- s.30(1)(a) ATIA
This is an informational summary and not legal advice.