Federal (Canada) privacy & access decisions

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information under paragraph 16(1)(a) of the Access to Information Act, concerning investigation reports into the deaths of two individuals. The RCMP demonstrated that the records met the requirements for exemption under s.16(1)(a), as they were created less than 20 years prior, obtained by an investigative body during a lawful investigation into crime detection/suppression and law enforcement. The Commissioner found that the RCMP reasonably exercised its discretion not to disclose the information, having considered relevant factors including investigative integrity and privacy. While acknowledging the RCMP's correct application of the Act, the Commissioner noted a gap in the legislation regarding the disclosure of deceased individuals' personal information for compassionate reasons. The complaint was ultimately found not well founded.

• Whether the information was obtained or prepared by an investigative body listed in Schedule I of the Access to Information Regulations
• Whether the information was obtained or prepared during a lawful investigation within the authority of the investigative body
• Whether the information concerned an investigation related to the detection, prevention or suppression of crime or the enforcement of any law of Canada or a province
• Whether the records were created less than 20 years before the access request was made
• Whether the institution reasonably exercised its discretion to decide whether to disclose the information

The complainant alleged that the Privy Council Office (PCO) failed to conduct a reasonable search for records related to "Ops 3" and "Ops 4" files under the Access to Information Act. Initially, PCO provided only two pages, which were a Records Retention and Disposal Authority form, not the requested operational records. The Office of the Information Commissioner (OIC) found that PCO's initial search was inadequate, particularly as no documents from specific Interdepartmental Committee on Security and Intelligence files, which were known to exist, were located. Following the OIC's intervention, PCO conducted a subsequent search and identified 251 additional responsive pages. The Commissioner concluded that the complaint was well founded because PCO did not conduct a reasonable search initially. PCO was ordered to complete the retrieval and processing of all responsive records and provide a supplementary response to the access request by December 22, 2024. PCO has committed to implementing this order.

• Whether the Privy Council Office conducted a reasonable search for records responsive to the access request