5822-05416 — Canada Border Services Agency
The complainant alleged that the Canada Border Services Agency (CBSA) improperly withheld records concerning cybersecurity and data breach risks associated with the ArriveCAN application, citing exemptions related to facilitating offences and third-party negotiations. During the investigation, CBSA disclosed some records but continued to withhold others under subsection 16(2) and claimed subsection 19(1) for personal information. The Information Commissioner found that while some information properly fell under subsection 16(2), other withheld information did not. Furthermore, CBSA failed to properly consider the disclosure of personal information under subsection 19(1). Although the complaint was found well-founded, the issue was resolved as CBSA released additional information and the complainant was satisfied.
- Applicability of subsection 16(2) (facilitating the commission of an offence)
- Applicability of paragraph 20(1)(d) (negotiations by a third party)
- Proper application of subsection 19(1) (personal information) and the discretion required under subsection 19(2)
- Procedural fairness regarding the submission of representations after an initial report
Complaint well founded, but resolved before an order was necessary.
The Commissioner found that the CBSA improperly withheld some information under subsection 16(2) as it did not meet the exemption's requirements. Additionally, the CBSA failed to properly exercise its discretion for information withheld under subsection 19(1). However, the institution subsequently disclosed further information, and the complainant indicated satisfaction, thus resolving the complaint.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner's initial report ordered disclosure of information not meeting the requirements of subsection 16(2) and a determination regarding personal information under subsection 19(1). This was resolved by subsequent disclosure.
- s.16(2) ATIA
- s.20(1)(d) ATIA
- s.19(1) ATIA
- s.19(2) ATIA
- s.30(1)(a) ATIA
- s.35(2)(c) ATIA
- s.37(1) ATIA
This decision is for informational purposes only and does not constitute legal advice.