BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/Denial was the starting point for Correctional Service of Canada
Office of the Privacy Commissioner of CanadaPrivacy ActWell-founded
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Denial was the starting point for Correctional Service of Canada

Organization: Correctional Service of CanadaComplainant: inmate
Decision: Oct 29, 2013Published: Oct 29, 2013

An inmate at a maximum-security penitentiary requested video recordings of incidents involving officers. The Correctional Service of Canada (CSC) denied access, citing third-party information and security concerns. The OPC found complaints regarding 16 destroyed videos to be well-founded, as CSC had not even reviewed them before denial. For two other videos, which CSC claimed contained third-party information and posed security risks, the OPC found CSC correctly applied exemptions, thus resolving those complaints.

  • Timeliness of responding to access to information requests
  • Destruction of records prior to fulfilling requests
  • Application of exemptions for security of penal institutions
  • Proper review of records before withholding information

Complaints partially well-founded and partially resolved

For 16 destroyed videos, CSC's failure to retrieve or review them before denial led to a well-founded finding. For the remaining two videos, CSC successfully demonstrated that disclosure would be injurious to institutional security, leading to a resolved outcome.

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Recommended action / remedy

The OPC recommended that CSC implement measures to ensure Privacy Act requests reach the appropriate officials in time to prevent the destruction of records with short retention periods.

Statutory provisions cited
  • s. 49 Privacy Act
  • s. 22 Privacy Act

This summary is informational only and not legal advice.