Denial was the starting point for Correctional Service of Canada
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.
- 1Timeliness of responding to access to information requests
- 2Destruction of records prior to fulfilling requests
- 3Application of exemptions for security of penal institutions
- 4Proper review of records before withholding information
- Video destruction: Complaint well-founded
- Third-party information exemption: Exemption correctly applied
- Security exemption: Exemption correctly applied
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.
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.
- s. 49 Privacy Act
- s. 22 Privacy Act
This summary is informational only and not legal advice.