Federal (Canada) privacy & access decisions

The complainant alleged that the Canadian Security Intelligence Service (CSIS) failed to sufficiently identify redacted portions of records and the basis for withholding information in response to an access request for historical information about Warren Hart. CSIS used negative (white) redactions and cited exemptions only in the response letter, arguing that marking redactions on the records could cause harm. The Information Commissioner found that CSIS did not provide a cogent explanation for how clearly marked redactions and exemptions would reveal protected information. The Commissioner concluded that CSIS failed to meet its obligations regarding severance and the duty to assist. CSIS was recommended to provide a new response with clearly identified redactions and specific exemption provisions, and to cease using negative redactions and citing exemptions only in response letters. CSIS agreed to implement these recommendations.

• Whether CSIS sufficiently identified redacted portions of records
• Whether CSIS sufficiently identified the basis for withholding information
• Whether the use of negative (white) redactions by CSIS was appropriate
• Whether citing exemptions only in response letters by CSIS was appropriate
• Whether CSIS's practice contravened the duty to assist under subsection 4(2.1) ATIA
• Whether CSIS's practice contravened the severance requirement under section 25 ATIA
• Whether clearly marking redactions and exemptions on records would reveal protected information or cause harm

The complainant alleged that National Defence (DND) failed to conduct a reasonable search for records related to unidentified aerial phenomena (UAP) held by two named individuals. The investigation revealed that DND's Office of Primary Interest misread the request, limiting the search to only 'reports of UAP' instead of the broader 'general subject of UAP', and also unnecessarily restricted its search to keywords. The Office of the Information Commissioner (OIC) requested DND to perform an additional search, which resulted in the retrieval of 11 additional pages of records. The Commissioner concluded that DND did not conduct a reasonable search. The complaint was found to be well founded, and DND was ordered to provide access to the additional records.

• Whether National Defence conducted a reasonable search for records
• Whether the Office of Primary Interest misread the access request
• Whether limiting the search to keywords constituted a reasonable search

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under subsection 15(1) of the Access to Information Act, concerning records of the Intelligence Advisory Committee from 1989-1995. These records pertained to migration trends and global developments. The Office of the Information Commissioner (OIC) found that the Canadian Government had previously disclosed similar records and that the information reflected public and Parliamentary debate, leading the OIC to conclude that disclosure would not harm national security or international relations. Consequently, the OIC determined that the requirements for exemption under subsection 15(1) were not met. As a result of the OIC's intervention, LAC disclosed the records in their entirety on January 20, 2023. The complainant expressed satisfaction with this disclosure.

• Whether s.15(1) ATIA (national security and international relations) was properly applied to records of the Intelligence Advisory Committee, 1989-1995
• Whether disclosure of the records would cause harm to national security or international relations

An institution applied to the Information Commissioner under subsection 6.1(1) of the Access to Information Act to decline to act on an access request, arguing it was vexatious and an abuse of the right to make a request. The request sought all emails, text messages, and digital files from three Human Resources employees from the start of their employment. The Commissioner found that the institution had fulfilled its duty to assist the requester by attempting to clarify the overly broad request and explaining the significant burden it would impose. Despite these efforts, the requester refused to narrow the scope, stating the broadness was intentional to uncover potential misconduct. The Commissioner concluded that the request constituted an abuse of the right of access due to its excessive breadth, the undue burden it placed on the institution, and its potential to impede the rights of other requesters. Consequently, the Commissioner granted the institution's application.

• Whether the access request was an abuse of the right to make a request under s.6.1(1) ATIA
• Whether the institution fulfilled its duty to assist obligations under s.4(2.1) ATIA
• Whether the access request was vexatious under s.6.1(1) ATIA