Federal (Canada)Access to Information ActSystemic Investigation

Access to information at risk from instant messaging

Organization: Crown-Indigenous Relations and Northern Affairs / Indigenous ServicesComplainant: Anonymous applicant
Plain-language brief

In August 2012, the Information Commissioner launched a systemic investigation into the use and preservation of non-email, text-based messages on government-issued wireless devices, specifically instant messaging and PINs. This investigation was prompted by a complaint against Indian and Northern Affairs Canada (now Aboriginal Affairs and Northern Development Canada) where a complainant received an email suggesting the use of "pin" instead of email for communication. During the investigation of that complaint, it was discovered that relevant BlackBerry devices had been replaced and destroyed, leading to the permanent loss of potentially responsive information. Due to this incident and a rise in similar complaints about missing records, the Commissioner initiated a self-complaint under section 30(1)(f) of the ATIA to examine the impact of instant messaging on access to information. The investigation focused on 11 federal institutions to assess their practices regarding the retention of these types of communications.

Key issues
  1. 1Impact of instant messaging on the right of access to information
  2. 2Preservation of non-email, text-based messages on government-issued wireless devices
  3. 3Retention policies and practices for instant messages and PIN communications
  4. 4Loss of records due to device replacement and destruction
Outcome breakdownFavours: Applicant / complainant
  • Systemic investigation: Investigation launched into use and preservation of non-email text messages
  • Prompt for investigation: Complaint against Indian and Northern Affairs Canada
  • Record loss: BlackBerry devices replaced and destroyed, leading to permanent loss of information
  • Commissioner's initiative: Self-complaint initiated under section 30(1)(f) of the ATIA
  • Investigation scope: Focused on 11 federal institutions to assess retention practices
Outcome

Systemic investigation concluded, highlighting risks to access to information

Reasoning

The Commissioner found that the use of instant messaging and the lack of proper retention policies for these communications posed a significant risk to the right of access to information, as evidenced by the loss of records in a specific complaint.

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Decision notes
Statutes considered
  • s.30(1)(f) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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