BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-04529 — Royal Canadian Mounted Police
Office of the Information Commissioner of CanadaAccess to Information Act5823-04529Not well-founded
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5823-04529 — Royal Canadian Mounted Police

Organization: Royal Canadian Mounted Police
Decision: Jul 17, 2024Published: Jul 17, 2024

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld their own DNA profile, citing subsection 24(1) of the Access to Information Act (disclosure restricted by another law). The RCMP argued that section 6.6 of the DNA Identification Act prohibits the disclosure of such information. The Information Commissioner found that the DNA Identification Act, which is listed in Schedule II of the ATIA, indeed restricts the disclosure of DNA profiles, and therefore upheld the RCMP's decision.

  • Interpretation of subsection 24(1) of the Access to Information Act
  • Application of section 6.6 of the DNA Identification Act
  • Whether the complainant's DNA profile is information whose disclosure is restricted by another law

Complaint not well founded

The Commissioner determined that the RCMP properly withheld the complainant's DNA profile under subsection 24(1) of the ATIA because section 6.6 of the DNA Identification Act explicitly prohibits the communication of information in the national DNA data bank, and this prohibition applies to the requested information.

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

Statutory provisions cited
  • s.24(1) ATIA
  • s.30(1)(a) ATIA
  • s.6.6 DNA Identification Act

This is an informational summary and not legal advice.