Investigation into the Canada Revenue Agency’s application of paragraph 22(1)(b) to refuse access to personal information
The complainant alleged that the Canada Revenue Agency (CRA) improperly denied access to personal information related to five grievances, relying on exceptions under the Privacy Act. The OPC found that while the CRA conducted reasonable searches, it failed to adequately substantiate its use of paragraph 22(1)(b) of the Act to withhold information. Much of the withheld information was transactional and did not demonstrate a clear risk of harm upon disclosure. The complaint was found to be well-founded, but unresolved, as the CRA maintained its position on the withheld information.
- Proper application of paragraph 22(1)(b) of the Privacy Act regarding risk of harm.
- Adequacy of government institution's searches for responsive records.
- Substantiation of claims for withholding information under statutory exemptions.
- Requirement for case-by-case assessment when applying exemptions.
Complaint well-founded but unresolved.
The OPC found that the Canada Revenue Agency failed to demonstrate a clear and direct connection between the disclosure of the withheld information and a risk of harm, relying instead on general assertions. The agency did not provide sufficient evidence to justify the withholding of personal information under paragraph 22(1)(b).
AI-generated summary for reference only. Always verify against the official decision ↗
The OPC recommended that the CRA reassess its reliance on paragraph 22(1)(b) of the Act and disclose as much information as possible.
- s.12(1) Privacy Act
- para 22(1)(b) Privacy Act
- s.26 Privacy Act
This summary is informational only and not legal advice.