BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-02374 — Privy Council Office
Office of the Information Commissioner of CanadaAccess to Information Act5823-02374Well-founded
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5823-02374 — Privy Council Office

Organization: Privy Council Office
Decision: Aug 19, 2024Published: Aug 19, 2024

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the extended deadline. The request was for records related to "ICSI Meetings 2001". The investigation found that PCO did not respond by the required date, and was therefore deemed to have refused access under subsection 10(3) of the Access to Information Act. The delay was attributed to the ATIP office's failure to initiate consultations and process the request promptly. The Information Commissioner ordered PCO to provide a complete response within 36 business days, and PCO has confirmed it will comply.

  • Timeliness of response to an access request
  • Definition of a response under the Act
  • Institution's responsibility for delays caused by consultations

Complaint well founded — disclosure ordered

The Privy Council Office failed to respond to the access request within the extended time limit. The Commissioner found that PCO did not meet its obligation to respond in a timely manner, and was therefore deemed to have refused access. The institution's reasons for delay, such as staffing shortages and consultation issues, were not sufficient to excuse the failure to meet statutory obligations.

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Recommended action / remedy

The Privy Council Office was ordered to provide a complete response to the access request no later than 36 business days after the date of the final report.

Statutory provisions cited
  • subsection 9(1) ATIA
  • paragraph 30(1)(a) ATIA
  • subsection 10(3) ATIA
  • section 7 ATIA
  • paragraph 9(1)(b) ATIA
  • subsection 10(2) ATIA
  • section 36.1 ATIA
  • section 43 ATIA

This is a summary of a decision by the Office of the Information Commissioner of Canada and is for informational purposes only. It does not constitute legal advice.