Federal (Canada)Privacy ActWell-founded

Immigration, Refugees and Citizenship Canada systematically withholds access to certain personal information in its Global Case Management System

Organization: Immigration, Refugees and Citizenship Canada (IRCC)Complainant: Anonymous applicant
Plain-language brief

The OPC investigated a complaint against Immigration, Refugees and Citizenship Canada (IRCC) regarding its systematic practice of withholding access to certain personal information in its Global Case Management System (GCMS). IRCC's policy was to retrieve and process only a "Short Form" GCMS Report in response to access requests, even when individuals requested their entire file or specific content found in the "Long Form." The OPC found that the "History Section" of the GCMS file, which is part of the Long Form, contained the complainant's personal information and that IRCC's practice contravened Section 12 of the Privacy Act. While IRCC eventually provided the complainant with the requested Long Form, it did not agree to update its procedures to systematically retrieve and process the Long Form for all future requests. Consequently, the OPC found the complaint well-founded but not resolved, as IRCC had not committed to addressing the systemic issue.

Key issues
  1. 1Whether IRCC's practice of providing only a "Short Form" GCMS Report in response to access requests contravenes Section 12 of the Privacy Act
  2. 2Whether the "History Section" of the GCMS file contains personal information
  3. 3Whether information in the "Long Form" GCMS Report is always exempt from disclosure
  4. 4Whether IRCC has an obligation to retrieve and process all records responsive to a Privacy Act request
Outcome breakdownFavours: Applicant / complainant
  • Access to personal information: IRCC's practice contravened Privacy Act s.12
  • Systemic issue resolution: IRCC did not commit to updating procedures
  • Complaint outcome: Complaint well-founded but not resolved
Outcome

Complaint well-founded but not resolved — IRCC did not agree to implement systemic corrective measures

Reasoning

The OPC found that IRCC's practice of only providing a "Short Form" GCMS Report systematically withheld personal information that individuals had a right to access under Section 12 of the Privacy Act. Although IRCC resolved the specific complainant's request, it refused to implement the OPC's recommendation to change its systemic practice, leaving the broader issue unresolved.

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Decision notes
Recommended action / remedy

The OPC recommended that IRCC retrieve and process the History Section of the complainant’s GCMS file and immediately update its procedures to retrieve and process all parts of individuals’ GCMS files responsive to Privacy Act requests.

Statutes considered
  • s.12 Privacy Act

This summary is informational only and not legal advice.

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