Federal (Canada)Access to Information ActNot well-founded

5823-04529 — Royal Canadian Mounted Police

Organization: Royal Canadian Mounted PoliceComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld their DNA profile, generated from a biological sample, under subsection 24(1) of the Access to Information Act. The RCMP argued that section 6.6 of the DNA Identification Act, which is listed in Schedule II of the Access to Information Act, prohibits the disclosure of information contained in the DNA data bank. The Commissioner found that the DNA Identification Act indeed restricts the communication of such information, except in specific, limited circumstances not applicable to an access to information request. Therefore, the Commissioner concluded that the RCMP correctly applied subsection 24(1) to withhold the complainant's DNA profile. The complaint was found to be not well founded.

Key issues
  1. 1Whether the information requested (complainant's DNA profile) is subject to subsection 24(1) of the Access to Information Act
  2. 2Whether section 6.6 of the DNA Identification Act prohibits the disclosure of the requested information
  3. 3Whether the DNA Identification Act is listed in Schedule II of the Access to Information Act
Outcome breakdownFavours: Institution
  • Disclosure of DNA profile: Exemption upheld
  • Application of s.24(1): Exemption correctly applied
  • Complaint outcome: Complaint not well founded
Outcome

Complaint not well founded

Reasoning

The Commissioner found that the RCMP correctly applied subsection 24(1) of the Access to Information Act because the DNA Identification Act, specifically section 6.6, prohibits the disclosure of the requested DNA profile, and the DNA Identification Act is listed in Schedule II of the Access to Information Act.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.24(1) ATIA
  • s.30(1)(a) ATIA
  • s.6.6 DNA Identification Act
  • s.5(1) DNA Identification Act

This summary is for informational purposes only and does not constitute legal advice.

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