Federal (Canada) privacy & access decisions

The complainant alleged that the Public Health Agency of Canada (PHAC) failed to conduct a reasonable search for records in response to two access requests. The requests sought electronic records related to masks, sent or received by a specific warehouse manager within defined timeframes. Initially, PHAC found no responsive records because the employee had deleted their entire mailbox, considering the contents transitory. During the OIC's investigation, PHAC conducted additional searches using IT forensics and identified 107 pages of responsive records, which were subsequently released. The Commissioner found that PHAC's initial search was inadequate as it did not consider other potential sources of records, such as emails sent to or from the employee by others, or corporate repositories. Despite the subsequent release of records and PHAC's commitment to an action plan for improved information management, the Commissioner concluded that the complaints were well founded due to the initial failure to conduct a reasonable search.

• Whether the Public Health Agency of Canada conducted a reasonable search for records in response to the first access request (5820-04413)
• Whether the Public Health Agency of Canada conducted a reasonable search for records in response to the second access request (5820-04414)
• Whether the deletion of an employee's email account impacted the ability to conduct a reasonable search
• Whether PHAC considered all reasonable sources for responsive records

The complainant alleged that Public Safety Canada (Public Safety) took an unreasonable extension of time to respond to an access request for correspondence between Public Safety and the Royal Canadian Mounted Police (RCMP). Public Safety claimed a 240-day extension under paragraphs 9(1)(a) and 9(1)(b) of the Access to Information Act. The Commissioner found that Public Safety properly notified the complainant of the extension. However, Public Safety failed to demonstrate that the request involved a large number of records or that processing it within 30 days would unreasonably interfere with its operations, thus not meeting the requirements of paragraph 9(1)(a). While Public Safety needed to consult with the RCMP, the Commissioner found the 180-day consultation period requested by the RCMP, based on service standards rather than complexity, to be unreasonable. Consequently, the Commissioner concluded that Public Safety did not meet the requirements for a valid extension under either paragraph 9(1)(a) or 9(1)(b), rendering the extension invalid. Public Safety was deemed to have refused access under subsection 10(3) of the Act.

• Whether the institution properly notified the complainant of the extension of time
• Whether the access request was for a large number of records under s.9(1)(a)
• Whether meeting the 30-day deadline would unreasonably interfere with the institution's operations under s.9(1)(a)
• Whether the institution needed to carry out consultations on the requested records under s.9(1)(b)
• Whether the consultations could reasonably be completed within 30 days under s.9(1)(b)
• Whether the extension of time was for a reasonable period under s.9(1)(b)
• Whether the institution responded within the time limits

The complainant alleged that Public Services and Procurement Canada (PSPC) failed to respond to an access request for records concerning the procurement of new handguns for the military within the 30-day statutory time limit. PSPC received the request on June 4, 2021, and the response was due by July 5, 2021, but no response was provided. PSPC cited a backlog, operational challenges, heavy workloads, staff turnover, and competing priorities as reasons for the delay, and indicated a plan to respond by February 28, 2025. The Commissioner found that PSPC's reasons, including staffing shortages and the need for inter-institutional consultations, did not absolve it of its statutory obligation to provide a timely response. The Commissioner concluded that PSPC failed to meet its obligations under the Act and was deemed to have refused access. The complaint was found to be well founded, and PSPC was ordered to provide a complete response within 36 business days, an order which PSPC indicated it would not fully implement.

• Whether the institution responded to the access request within the 30-day time limit set out in section 7 of the Access to Information Act
• Whether the institution's reasons for delay (backlog, operational challenges, staff turnover, competing priorities, inter-institutional consultations) absolved it of its statutory obligation to respond within the time limit

The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day statutory period, leading to a deemed refusal. The request sought records related to strategic communications campaigns concerning perceptions about drones. DND argued that the request did not meet the requirements of section 6 of the Access to Information Act, claiming it lacked sufficient detail to identify records with reasonable effort. The Information Commissioner found that the request, which included a timeframe and subject, provided sufficient detail for an experienced employee to identify the records. The Commissioner also rejected DND's arguments that parts of the request were hypothetical or related to external academic papers. Consequently, DND was found to be in a state of deemed refusal. The complaint was well founded, and DND was ordered to provide a complete response to the access request.

• Whether National Defence responded to the access request within the 30-day period set out in section 7 of the Act
• Whether the access request met the requirements of section 6 of the Act to provide sufficient detail to identify records with reasonable effort
• Whether the request for 'strategic communications campaign(s)' was too broad
• Whether parts of the request were related to a hypothetical strategic communications plan
• Whether parts of the request were related to an academic paper not available within DND/CAF

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