Federal (Canada) Privacy Decisions

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld records related to the Special Joint Committee on the Declaration of Emergency under various sections of the Access to Information Act. The complainant also alleged the RCMP failed to conduct a reasonable search. While the Commissioner found that some information was properly withheld under sections 21(1)(a) and 21(1)(b), the RCMP did not conduct a reasonable search for records. The Commissioner ordered the RCMP to provide a new response and release any additional records found.

• Improper withholding of information under sections 15(1), 16(2)(c), 17, 19(1), 21(1)(a), and 21(1)(b) of the ATIA.
• Failure to conduct a reasonable search for records.
• Application of sections 21(1)(a) and 21(1)(b) to specific pages.
• Reasonableness of the RCMP's discretion in withholding information.

The complainant alleged that the RCMP improperly withheld information under sections 13(1), 19(1), and 23 of the Access to Information Act. The Information Commissioner found that while some information was properly withheld under section 19(1) and section 23, and parts of section 13(1), other information withheld under section 13(1) did not meet the exemption's requirements. Furthermore, the RCMP failed to seek consent from the relevant government bodies before withholding information under section 13(1), as required. The Commissioner ordered the RCMP to disclose information that does not meet the requirements of section 13(1) and to seek consent for other information withheld under that section.

• Proper application of subsection 13(1) (confidential information from government bodies)
• Proper application of subsection 19(1) (personal information)
• Proper application of section 23 (solicitor-client privilege)
• Reasonable exercise of discretion under subsections 13(2) and 19(2)