Federal (Canada) Privacy Decisions

The complainant alleged that Health Canada failed to respond to an access request within the 30-day period. The request concerned records referenced in a Regulatory Impact Analysis Statement. Despite Health Canada receiving over 20,000 pages of responsive records and needing to conduct consultations, the Information Commissioner found their proposed response date of July 17, 2030, to be unreasonable given the significant delays already incurred. The Commissioner ordered Health Canada to provide a complete response by April 7, 2026.

• Timeliness of response to access request
• Reasonableness of proposed response date
• Impact of record volume and consultations on processing time
• Definition of a complete response

The complainant requested his minor child's passport application from Immigration, Refugees and Citizenship Canada (IRCC), citing a court order granting him access to his children's information. IRCC denied the request, stating the child's consent was required. The OPC found that while the complainant had legal authorization to act on his child's behalf, the request was not made for the child's benefit or best interests, a key condition under the Privacy Regulations. Therefore, the OPC concluded that the complainant did not have a right of access to the child's personal information.

• Whether a parent has an automatic right of access to a minor child's personal information under the Privacy Act.
• Interpretation of the Privacy Regulations regarding requests made on behalf of a minor.
• Whether the complainant's request served the child's best interests.
• The decision-making capacity of a minor regarding their personal information.

The complainant alleged that National Defence (DND) improperly withheld information under the Access to Information Act's personal information exemption and failed to conduct a reasonable search. DND conceded it had not always properly applied the exemption and provided supplementary disclosure. The Information Commissioner found that while the remaining withheld information met the exemption criteria, DND's initial search was not reasonable as it failed to pursue all avenues to locate responsive records, including those lost due to poor information management practices. The Commissioner recommended improved training on information management.

• Proper application of the personal information exemption (section 19(1) ATIA)
• Reasonableness of the search conducted by the institution
• Adequacy of information management practices
• Burden of proof for withholding information

The complainant alleged that Environment and Climate Change Canada (ECCC) failed to respond to an access request within the legislated time limits, even after an extension. The request was for records concerning meetings and lobbying efforts by the Pathways Alliance Inc. The investigation found that ECCC did not provide a response by the extended deadline due to significant delays by internal offices in retrieving records. The Commissioner ordered ECCC to provide a response by a specific date and recommended improvements to internal processes for timely record retrieval.

• Failure to respond to an access request within the extended period.
• Delays in retrieving responsive records from internal program areas.
• Need for improved processes and accountability for timely record retrieval within the institution.