BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5823-01722 — Library and Archives Canada
Office of the Information Commissioner of CanadaAccess to Information Act5823-01722Well-founded
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5823-01722 — Library and Archives Canada

Organization: Library and Archives Canada
Decision: Nov 28, 2024Published: Nov 28, 2024

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information from the "Rodal report" under several exemptions. Initially, LAC withheld information under sections 13(1), 15(1), 16(1)(c), and 23 of the Access to Information Act. During the investigation, LAC released most of the information, abandoning reliance on sections 16(1)(c) and 23. The OIC found that LAC could not initially demonstrate that the remaining withheld information met the requirements of section 13(1). However, the OIC was satisfied that LAC properly withheld information under section 15(1) after reasonable exercise of discretion, and that the information met the requirements of section 13(1). The complaint was found to be well-founded because LAC improperly withheld information initially.

  • Whether information was properly withheld under section 13(1) (confidential information from government bodies).
  • Whether information was properly withheld under section 15(1) (international affairs, defence).
  • Whether LAC properly exercised its discretion in withholding information.
  • Whether LAC properly ceased reliance on sections 16(1)(c) and 23.

Complaint well founded

The Commissioner found that Library and Archives Canada improperly withheld information from disclosure when it initially responded to the access request. While LAC later released most of the information and appropriately withheld some under section 15(1), the initial withholding was not justified.

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

Recommended action / remedy

LAC was ordered to disclose all information that was improperly withheld.

Statutory provisions cited
  • s.13(1) ATIA
  • s.15(1) ATIA
  • s.16(1)(c) ATIA
  • s.23 ATIA
  • s.30(1)(a) ATIA

This is an informational summary and not legal advice.