
5823-04529 — Royal Canadian Mounted Police
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.
- 1Whether the information requested (complainant's DNA profile) is subject to subsection 24(1) of the Access to Information Act
- 2Whether section 6.6 of the DNA Identification Act prohibits the disclosure of the requested information
- 3Whether the DNA Identification Act is listed in Schedule II of the Access to Information Act
- Disclosure of DNA profile: Exemption upheld
- Application of s.24(1): Exemption correctly applied
- Complaint outcome: Complaint not well founded
Complaint not well founded
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.
- 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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