Federal (Canada) Privacy Decisions

The complainant alleged that the Canada School of Public Service (CSPS) did not conduct a reasonable search for emails from a senior executive and that records were potentially deleted. The investigation found that the CSPS kept the request on hold without lawful authority, failed to retain records responsive to an active access request, and conducted an inadequate search. The Commissioner concluded the complaint was well-founded regarding the search, but found no evidence of an intent to deny access or that the requester's identity was considered. Additional records were eventually found and provided to the complainant.

• Reasonableness of search
• Failure to retain records
• Intent to deny access
• Consideration of requester's identity

The complainant alleged that the Immigration and Refugee Board of Canada (IRB) took an unreasonable amount of time to respond to an access request for records related to its "Weighing Evidence" document. The IRB claimed a 1,295-day extension, which would have pushed the response deadline to March 31, 2025. The Information Commissioner found that the IRB did not provide sufficient justification for the length of the extension, particularly regarding the time allocated for record review and approval processes. Consequently, the extension was deemed invalid, and the IRB was ordered to process the records as soon as possible, no later than April 18, 2023.

• Reasonableness of time extension claimed under paragraph 9(1)(a) of the ATIA
• Justification for allocated timeframes for record review and approval
• Whether concurrent processing of review stages is possible
• Calculation of time extension for large volume requests

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under subsection 15(1) of the Access to Information Act. The request was for historical documents concerning the defence of the Arctic region. The Information Commissioner found that LAC failed to demonstrate how disclosing the records would harm national security or the defence of Canada, especially given that similar information has been publicly disclosed by Canada and the United States. The Commissioner recommended that LAC disclose the records in their entirety, and LAC agreed to implement this recommendation.

• Whether subsection 15(1) of the ATIA was properly applied to withhold historical records.
• Whether the disclosure of the records could reasonably be expected to harm national security or the defence of Canada.
• Whether LAC provided sufficient evidence to justify the continued withholding of information.
• The relevance of prior disclosures of similar information by Canada and the United States.

The complainant alleged that the Office of the Auditor General of Canada (OAG) had incorrectly stated that witness statements and documentation supporting a harassment investigation report were not under its control. The OIC investigated whether these records were under the OAG's control, considering factors such as whether they related to an institutional matter and if the OAG had a legally enforceable right to access them. Ultimately, the OIC found that the records were indeed under the OAG's control, making the complaint well-founded.

• Determination of 'control' over records not in physical possession of an institution.
• Whether the OAG had a legally enforceable right of access to the investigation records.
• Whether the content of the records required OAG authorization for communication.
• Whether the OAG relied on the records when preparing other government records.