5823-02494 — Canada Border Services Agency
The complainant alleged that the Canada Border Services Agency (CBSA) did not conduct a reasonable search for records related to companies that worked on the ArriveCAN application. Specifically, the complainant questioned the absence of text messages in the provided records. The OIC investigated CBSA's search process and policies regarding text message management. The Information Commissioner concluded that CBSA's search was reasonable, as text messages are often considered transitory and are not retained if business value is captured in other formats, aligning with Treasury Board Secretariat guidance. Therefore, the complaint was found not to be well founded.
- Reasonableness of the search conducted by the CBSA
- Whether text messages related to the ArriveCAN application were properly searched for and provided
- CBSA's policies and practices regarding the management of transitory records, including text messages
Complaint not well founded
The Information Commissioner concluded that the CBSA conducted a reasonable search for records. The investigation found that the offices most likely to hold relevant records searched appropriate repositories and provided records to the access unit. Regarding text messages, the Commissioner accepted the CBSA's explanation, supported by TBS guidance, that text messages are often transitory and not retained if their content is captured in other official formats like emails.
AI-generated summary for reference only. Always verify against the official decision ↗
- s.30(1)(a) ATIA
This is a summary of a decision for informational purposes only and does not constitute legal advice.