BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5822-04248 — Royal Canadian Mounted Police
Office of the Information Commissioner of CanadaAccess to Information Act5822-04248Not well-founded
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5822-04248 — Royal Canadian Mounted Police

Organization: Royal Canadian Mounted Police
Decision: Jul 16, 2024Published: Jul 16, 2024

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld investigation reports into the deaths of two individuals under subsection 16(1)(a) of the Access to Information Act. The OIC found that the RCMP met all requirements for this exemption and reasonably exercised its discretion in withholding the information. The Commissioner recommended legislative amendments to allow disclosure of personal information about deceased individuals for compassionate reasons.

  • Proper application of exemption 16(1)(a) (investigative bodies)
  • Reasonable exercise of discretion by the institution
  • Consideration of disclosure for compassionate reasons
  • Overlap between the Privacy Act and Access to Information Act for deceased individuals

Complaint not well founded

The OIC determined that the RCMP met the requirements of the 16(1)(a) exemption and that the institution reasonably exercised its discretion to withhold the information, considering factors for and against disclosure.

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

Recommended action / remedy

None ordered as the complaint was not well founded, but legislative amendment was recommended.

Statutory provisions cited
  • s.16(1)(a) ATIA
  • s.30(1)(a) ATIA

This is an informational summary only and not legal advice.