BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5821-03623 — Public Services and Procurement Canada
Office of the Information Commissioner of CanadaAccess to Information Act5821-03623Well-founded
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5821-03623 — Public Services and Procurement Canada

Organization: Public Services and Procurement Canada
Decision: Mar 21, 2025Published: Mar 21, 2025

The complainant alleged that Public Services and Procurement Canada (PSPC) refused to process an access request for all emails of a specific employee. PSPC argued the request lacked sufficient detail. The Information Commissioner found that experienced employees could have identified the records and ordered PSPC to provide a complete response. The Commissioner also recommended training for PSPC employees on information management due to the large volume of emails found.

  • Whether the access request provided sufficient detail for experienced institutional employees to identify relevant records with a reasonable effort, as required by section 6 of the ATIA.
  • Whether PSPC reasonably refused to process the request under section 6 of the ATIA.
  • Whether PSPC failed to respond to the access request within the legislated timeframe.
  • Whether PSPC's information management practices are adequate to respond to access requests.

Complaint well founded — PSPC ordered to provide a complete response to the access request.

The Information Commissioner found that PSPC failed to demonstrate that the access request did not meet the requirements of section 6 of the ATIA, specifically that experienced institutional employees could not have identified the relevant records with a reasonable effort. Therefore, PSPC's refusal to process the request was not reasonable.

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Recommended action / remedy

PSPC was ordered to provide a complete response to the access request no later than July 9, 2029, and was recommended to provide training to employees on information management responsibilities and procedures.

Statutory provisions cited
  • s.30(1)(a) ATIA
  • s.6 ATIA
  • s.4(2.1) ATIA
  • s.7 ATIA
  • s.10(3) ATIA

This is an informational summary of a decision and not legal advice.