5819-01623 — Privy Council Office
The complainant alleged that the Privy Council Office (PCO) improperly withheld information under various sections of the Access to Information Act in response to a request for reports and minutes from the Intelligence Advisory Committee (IAC) concerning global warming or climate change from 1988-1989. PCO initially claimed exemptions under subsections 13(1), 14, 15(1), 19(1), and 24(1). During the investigation, the complainant withdrew the 19(1) allegation, and PCO conceded that section 14 was improperly applied, releasing the information. PCO also subsequently released some information initially withheld under 13(1) and 15(1). The Commissioner found that PCO failed to demonstrate that the remaining withheld information met the requirements for exemption under subsections 13(1), 15(1), or 24(1), particularly regarding the confidentiality of foreign government information, the potential harm from disclosing names of CSIS and CSE employees, and the impact of revealing dissemination markings or general assessments of allies. The Commissioner concluded that PCO did not establish a reasonable expectation of probable harm for the claimed exemptions. The complaint was found to be well founded, and PCO was ordered to disclose the records in their entirety.
- 1Whether information was obtained in confidence from a foreign government under s.13(1) ATIA
- 2Whether disclosure of CSIS employee names could reasonably be expected to harm international affairs, defence, or national security under s.15(1) ATIA
- 3Whether disclosure of CSE employee names could reasonably be expected to harm international affairs, defence, or national security under s.15(1) ATIA
- 4Whether disclosure of dissemination markings could reasonably be expected to harm international affairs, defence, or national security under s.15(1) ATIA
- 5Whether disclosure of limited information regarding foreign governments could reasonably be expected to harm international affairs, defence, or national security under s.15(1) ATIA
- 6Whether the identity of CSIS employees was restricted from disclosure by s.18(1) of the CSIS Act, thereby falling under s.24(1) ATIA
- s.19(1) personal information: Allegation withdrawn by complainant
- s.14 personal privacy: Exemption improperly applied; information released
- s.13(1) foreign government info: Exemption not upheld; disclosure ordered
- s.15(1) international affairs: Exemption not upheld; disclosure ordered
- s.24(1) statutory prohibition: Exemption not upheld; disclosure ordered
- Disclosure of records: Records ordered disclosed in entirety
Complaint well founded — disclosure ordered
The Commissioner found that PCO failed to provide sufficient evidence to establish that the withheld information met the requirements of the claimed exemptions. Specifically, PCO did not demonstrate that the information was obtained in confidence from a foreign government, nor did it show a reasonable expectation of probable harm to international affairs, defence, or national security from the disclosure of employee names, dissemination markings, or general assessments of allies. The Commissioner also noted that much of the information had been previously disclosed or was publicly available, undermining PCO's claims of potential harm.
The Clerk of the Privy Council is ordered to disclose the responsive records in their entirety and provide a new response no later than 36 business days following the date of the final report.
- s.13(1) ATIA
- s.14 ATIA
- s.15(1) ATIA
- s.19(1) ATIA
- s.24(1) ATIA
- s.30(1)(a) ATIA
- s.37(1)(c) ATIA
- s.43 ATIA
- s.18(1) CSIS Act
This summary is for informational purposes only and does not constitute legal advice.
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