BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5822-03252 — Royal Canadian Mounted Police
Office of the Information Commissioner of CanadaAccess to Information Act5822-03252Well-founded
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5822-03252 — Royal Canadian Mounted Police

Organization: Royal Canadian Mounted Police
Decision: Apr 29, 2025Published: Apr 29, 2025

The complainant alleged that the RCMP improperly withheld information under sections 13(1), 19(1), and 23 of the Access to Information Act. The Information Commissioner found that while some information was properly withheld under section 19(1) and section 23, and parts of section 13(1), other information withheld under section 13(1) did not meet the exemption's requirements. Furthermore, the RCMP failed to seek consent from the relevant government bodies before withholding information under section 13(1), as required. The Commissioner ordered the RCMP to disclose information that does not meet the requirements of section 13(1) and to seek consent for other information withheld under that section.

  • Proper application of subsection 13(1) (confidential information from government bodies)
  • Proper application of subsection 19(1) (personal information)
  • Proper application of section 23 (solicitor-client privilege)
  • Reasonable exercise of discretion under subsections 13(2) and 19(2)

Complaint well founded — Order issued

The Commissioner determined that some information withheld under subsection 13(1) did not meet the requirements of the exemption and that the RCMP failed to reasonably seek consent from other government bodies as required by subsection 13(2). Information withheld under subsections 19(1) and 23 was found to be properly exempted. The Commissioner ordered the release of improperly withheld information under subsection 13(1) and directed the RCMP to seek consent for other information under that section.

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Recommended action / remedy

The RCMP was ordered to disclose information that does not meet the requirements of subsection 13(1) and to seek consent from relevant government bodies for other information withheld under subsection 13(1).

Statutory provisions cited
  • s.13 ATIA
  • s.19 ATIA
  • s.23 ATIA
  • s.13(1) ATIA
  • s.13(2) ATIA
  • s.19(1) ATIA
  • s.19(2) ATIA

This is a summary of a decision and is for informational purposes only. It is not legal advice.