Federal (Canada) Privacy Decisions

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under subsection 19(1) of the Access to Information Act related to a follow-up investigation concerning a Code of Conduct decision against the complainant. The RCMP initially withheld information, but later released some of it, conceding it was not personal information. However, they continued to withhold other information under subsection 19(1). The OIC concluded that the remaining withheld information was indeed personal information concerning another individual and did not meet the exceptions in subsection 19(2), therefore the complaint was well founded.

• Application of subsection 19(1) (personal information) of the ATIA
• Whether withheld information constituted personal information of another individual
• Whether the exceptions in subsection 19(2) of the ATIA applied

The complainant alleged that the Canadian Security Intelligence Service (CSIS) took an unreasonable amount of time to respond to an access to information request, specifically concerning a time extension for consultations. CSIS argued that the extension was necessary due to the sensitivity of the records, the need for on-site review, and limited workplace access, all exacerbated by the pandemic. The OIC found that CSIS made a reasonable effort to assess the extension period and concluded that the time taken was justified given the circumstances.

• Reasonableness of time extension for consultations under paragraph 9(1)(b) of the ATIA.
• Impact of the pandemic on the ability of institutions to complete consultations within the standard timeframes.
• Whether CSIS adequately demonstrated the necessity and duration of the time extension.

The Office of the Information Commissioner (OIC) received nine complaints concerning Global Affairs Canada's failure to meet deadlines or take unreasonable time extensions in responding to access requests. In four cases, the institution cited the COVID-19 pandemic as a significant factor. Global Affairs committed to finalizing all nine requests by October 15, 2021. The OIC found all nine complaints to be well founded.

• Timeliness of response to access to information requests
• Impact of COVID-19 on institution's ability to process requests
• Reasonableness of time extensions

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under paragraph 16(1)(a) of the Access to Information Act. The OIC found that the withheld information was obtained by the RCMP during a lawful investigation related to the suppression of crime and was created less than 20 years before the request. The OIC was also satisfied that the RCMP reasonably exercised its discretion in deciding to withhold the information.

• Whether the information was obtained or prepared by an investigative body in the course of a lawful investigation pertaining to the detection, prevention or suppression of crime.
• Whether the information came into existence less than twenty years prior to the request.
• Whether the RCMP reasonably exercised its discretion to withhold the information.

The complainant alleged that the Canada Revenue Agency (CRA) improperly withheld information concerning a specific individual's business ownership under subsection 24(1) of the Access to Information Act. The OIC found that the requested information was about an identifiable taxpayer (not the complainant) and was obtained by the CRA for the purposes of administering the Income Tax Act. As section 241 of the Income Tax Act restricts the disclosure of such information, the OIC concluded the CRA properly withheld the records.

• Whether the information requested was properly withheld under subsection 24(1) of the ATIA (disclosure restricted by another law).
• Whether the information constituted taxpayer information as defined by the Income Tax Act.
• Whether section 241 of the Income Tax Act restricted the disclosure of the requested information.

The complainant alleged that Health Canada did not conduct a reasonable search for records concerning producers and users of medical cannabis. Responsive records were drawn from one database, but Health Canada argued retrieving additional records from a second database would be unreasonable due to the manual labour involved. The Information Commissioner agreed that the search was reasonable given the effort required.

• Reasonableness of search

The complainant alleged that Transport Canada improperly relied on section 26 of the Access to Information Act to refuse access to annual statistics regarding the processing of access to information and privacy requests. The Office of the Information Commissioner found that Transport Canada met the criteria for applying section 26 and had properly considered all relevant factors in its decision.

• Applicability of section 26 of the ATIA (Refusal of access if information to be published)
• Proper exercise of discretion by the institution