Canadian privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) improperly withheld information from Minutes of the Intelligence Advisory Committee from 1981 under subsections 13(1) and 15(1) of the Access to Information Act. PCO initially claimed subsection 19(1) as well, but this was not pursued as the OIC found it was not applied to the contested information. During the investigation, PCO agreed to disclose much of the previously withheld information but maintained exemptions for specific categories, including names and titles of Liaison Officers, information on visits by foreign intelligence community members, dissemination markings of classified reports, names of Communications Security Establishment (CSE) employees, and certain intelligence report titles. The Commissioner found that PCO failed to provide sufficient evidence to support the application of either subsection 13(1) or 15(1) for the remaining withheld information, noting that similar information had been previously released by PCO and allied countries without apparent harm. The Commissioner concluded that the complaint was well founded and recommended disclosure of the information. PCO, however, notified the Commissioner that it would not implement the recommendations, citing ongoing interdepartmental declassification initiatives and the need for further consultations.

• Whether s.13(1) ATIA (confidential information from government bodies) was properly applied to titles of Liaison Officers from other countries
• Whether s.13(1) ATIA (confidential information from government bodies) was properly applied to information regarding visits of Intelligence Community members from other countries
• Whether the information was obtained from a specified government body in confidence under s.13(1) ATIA
• Whether s.15(1) ATIA (international affairs, national security, defence) was properly applied to titles of Liaison Officers from other countries
• Whether disclosure of titles of Liaison Officers could reasonably be expected to cause harm under s.15(1) ATIA
• Whether s.15(1) ATIA (international affairs, national security, defence) was properly applied to distribution markings of classified reports
• Whether disclosure of distribution markings could reasonably be expected to cause harm under s.15(1) ATIA
• Whether s.15(1) ATIA (international affairs, national security, defence) was properly applied to names of CSE employees
• Whether disclosure of names of CSE employees could reasonably be expected to cause harm under s.15(1) ATIA
• Whether s.15(1) ATIA (international affairs, national security, defence) was properly applied to certain Intelligence Report titles
• Whether disclosure of certain Intelligence Report titles could reasonably be expected to cause harm under s.15(1) ATIA
• Whether PCO's arguments for harm under s.15(1) were speculative or demonstrated a reasonable expectation of probable harm

The complainant alleged that Indigenous Services Canada (ISC) improperly withheld information related to a 2000 settlement agreement between the Crown and the Squamish Nation, including maps and appendices, under paragraphs 20(1)(c), 20(1)(d), and section 23 of the Access to Information Act. The OIC investigated, seeking representations from both ISC and the Squamish Nation. Neither party provided sufficient evidence to demonstrate a clear and direct connection between the disclosure of specific information and a reasonable expectation of harm under the claimed exemptions. The Commissioner found that much of the information was already in the public domain and that the arguments for financial impact, interference with negotiations, or the application of solicitor-client/litigation privilege were speculative or unfounded. Consequently, the Commissioner ordered ISC to disclose the records in their entirety. ISC, however, notified the Commissioner that it would not implement the order, citing potential negative impacts on its relationship with the Squamish Nation and other Indigenous Peoples.

• Whether s.20(1)(c) financial impact on a third party was reasonably expected
• Whether s.20(1)(d) interference with third-party negotiations was reasonably expected
• Whether s.23 solicitor-client privilege applied to the settlement agreement
• Whether s.23 litigation privilege applied to the settlement agreement
• Whether the information was already in the public domain

The complainant alleged that Employment and Social Development Canada (ESDC) failed to respond to an access request within the statutory 30-day period and improperly requested additional clarifications. The request sought information on ESDC's work since 2014 in grants and contributions for workplace opportunities and equity, and selected funding concepts. The OIC found that the original request provided sufficient detail for an experienced employee to identify records with reasonable effort, and ESDC's repeated requests for clarification were not justified under section 6 of the Act. These interactions contributed to the delay. Since ESDC did not extend the response period, the deadline was July 3, 2023, which was missed, leading to a deemed refusal. The OIC concluded that the complaints were well founded and ordered ESDC to provide a complete response by August 30, 2024. ESDC agreed to implement the order.

• Whether Employment and Social Development Canada responded to the access request within the legislated 30-day period
• Whether Employment and Social Development Canada improperly requested additional clarifications to process the access request
• Whether the access request provided sufficient detail for an experienced employee to identify records with a reasonable effort under section 6 ATIA
• Whether Employment and Social Development Canada was justified in putting the request on hold due to clarification requests
• Whether Employment and Social Development Canada met its obligation to respond within the time limits set out in section 7 ATIA

The complainant alleged that National Defence (DND) failed to conduct a reasonable search for records in response to an access request for all finished intelligence assessments produced by J2 Director Strategic Intelligence (J2 DSI) concerning Iraq between January 1, 2000, and December 31, 2003. The OIC investigation found that DND's Offices of Primary Interest did not retrieve all relevant records during the initial search and DND failed to provide representations on the reasonableness of its search despite multiple requests. The OIC concluded that DND did not conduct a reasonable search. The OIC ordered DND to conduct a secondary search, which located three additional records. DND agreed to implement the order and provide a new response to the complainant.

• Whether National Defence conducted a reasonable search for records responsive to the access request

The complainant alleged that Communications Security Establishment Canada (CSE) failed to respond to an access request within the 30-day period mandated by section 7 of the Access to Information Act. The request sought specific records related to 'A220 Committees' and the 'Assessment Review Group'. The investigation confirmed that CSE did not respond by the due date, July 26, 2023, and was therefore deemed to have refused access under subsection 10(3) of the Act. The delay was attributed to the untimely review of records and the failure to develop consultation packages for other relevant institutions. Despite having received approximately 1,600 pages of responsive records, CSE had not digitized them or initiated necessary consultations, anticipating a response by January 24, 2025. The Information Commissioner found this delay unacceptable and ordered CSE to provide a complete response within 72 business days. CSE, however, notified the Commissioner that it would not implement the order and would instead seek a review by the Federal Court.

• Whether Communications Security Establishment Canada responded to the access request within the 30-day period as required by section 7 of the Access to Information Act
• Whether Communications Security Establishment Canada was deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act
• Whether the delay in processing the request was acceptable

The complainant alleged that the Privy Council Office (PCO) failed to conduct a reasonable search for records in response to an access request concerning emails related to a CSIS Issues Management Brief on foreign interference activity. The initial search by PCO yielded no relevant records from most offices, leading the complainant to provide evidence suggesting that PCO should hold such records. Following this, the Office of the Information Commissioner (OIC) requested PCO to conduct a second search. This subsequent search located 11 pages of additional relevant records within PCO's Security and Intelligence Unit. The OIC concluded that PCO's initial search was not reasonable. Consequently, the Information Commissioner ordered PCO to provide a new response to the access request, including access to the newly found records, subject to any applicable exemptions. PCO confirmed its intention to implement the order.

• Whether the institution conducted a reasonable search for records under s.30(1)(a) ATIA

The complainant alleged that Communications Security Establishment Canada (CSE) failed to respond to an access request within the 30-day statutory period, constituting a deemed refusal under the Access to Information Act. The request sought records related to specific files concerning the Intelligence Assessment Committee. The investigation confirmed that CSE did not respond by the due date, attributing the delay to untimely processing of records and delays in sending consultation packages to other government institutions. Despite receiving approximately 3,000 pages of responsive hardcopy records, CSE had not digitized them or initiated all necessary consultations. The Commissioner found the delay unacceptable and the proposed response date of January 24, 2025, unreasonable, especially given the historical nature of the request and prior disclosures. The complaint was found to be well founded, and CSE was ordered to provide a complete response within 72 business days. However, CSE notified the Commissioner that it would not implement the order and would seek a review by the Federal Court.

• Whether Communications Security Establishment Canada responded to the access request within the 30-day period as required by section 7 of the Access to Information Act
• Whether the institution's failure to respond by the due date constituted a deemed refusal under subsection 10(3) of the Act
• Whether the institution's proposed response date of January 24, 2025, was reasonable

The complainant alleged that Communications Security Establishment Canada (CSE) failed to respond to an access request within the 30-day period mandated by section 7 of the Access to Information Act. The request sought records related to a previous access request, expanding the search timeframe. The investigation confirmed that CSE did not respond by the due date, leading to a deemed refusal of access under subsection 10(3) of the Act. The delay was attributed to a lack of responsiveness from two Offices of Primary Interest within CSE. The Information Commissioner found the delay unacceptable and ordered CSE to provide a complete response to the access request. CSE subsequently notified the Commissioner that it would implement the order.

• Whether Communications Security Establishment Canada responded to the access request within the 30-day period required by section 7 of the Access to Information Act
• Whether Communications Security Establishment Canada is deemed to have refused access under subsection 10(3) of the Access to Information Act

The complainant alleged that National Defence (DND) failed to respond to an access to information request within the 30-day statutory period. The request sought information, including emails, reports, flight logs, and cargo manifests, related to Canadian government-owned planes landing in Lebanon between October 7 and December 5, 2023. DND did not respond by the deadline and was deemed to have refused access under subsection 10(3) of the Act. The investigation revealed that the delay was due to a lack of responsiveness from two Offices of Primary Interest (OPIs) within DND, preventing the Directorate of Access to Information and Privacy from processing the request. The Information Commissioner found the delay unacceptable and ordered DND to provide a complete response within 60 business days. DND subsequently agreed to implement the order.

• Whether National Defence responded to the access request within the 30-day period as required by section 7 of the Access to Information Act
• Whether National Defence was deemed to have refused access under subsection 10(3) of the Act due to delay

The complainant alleged that Innovation, Science and Economic Development Canada (ISED) improperly withheld information under paragraphs 18(b) and 20(1)(c) of the Access to Information Act. The request sought a list of grants and contributions, including assistance type and other details, approved under specific ISED programs. During the investigation, the complainant withdrew the allegation regarding paragraph 20(1)(c). ISED argued that disclosing the assistance type would harm its negotiating position by allowing companies to compare terms and seek more favorable conditions, thereby interfering with future negotiations. However, the Commissioner found that ISED failed to demonstrate how the release of this information would cause further harm, as similar information was already publicly available. The Commissioner concluded that ISED did not meet the requirements of paragraph 18(b) and ordered the disclosure of the withheld information. ISED agreed to implement the order.

• Whether s.18(b) ATIA applied to information regarding the assistance type of grants and contributions
• Whether disclosure could injure the competitive position of a government institution
• Whether there was a reasonable expectation of harm to the competitive position
• Whether contractual or other negotiations were under way or would be conducted in the future
• Whether disclosure could interfere with negotiations
• Whether there was a reasonable expectation of harm to negotiations
• Whether ISED properly exercised its discretion under s.18(b)

The Information Commissioner initiated a systemic investigation into the Canada Border Services Agency (CBSA) due to a high number of complaints alleging delays in responding to access requests, particularly for immigration application information. The investigation found a dramatic increase in requests to CBSA for records stored in the Global Case Management System (GCMS), which is also accessed by Immigration, Refugees and Citizenship Canada (IRCC). This surge was attributed to IRCC's failure to implement an effective system for clients to directly retrieve their immigration information, leading requesters to file identical requests with both institutions. Despite CBSA's efforts to increase funding, implement automation, and improve consistency and collaboration, the Commissioner found that CBSA must continue to find ways to meet its obligations under the Act, as the root cause (IRCC's system deficiencies) is outside its control. The complaint was found to be well founded, and the Commissioner made recommendations to the Minister of Public Safety and Emergency Preparedness.

• Whether Canada Border Services Agency failed to respond to access requests within the time limits set out in the Access to Information Act
• Whether the increase in access requests to Canada Border Services Agency for immigration application information is due to Immigration, Refugees and Citizenship Canada's lack of an effective system for direct client information retrieval
• Whether Canada Border Services Agency's current measures are sufficient to address the high volume of access requests and backlog

The complainant alleged that National Defence (DND) failed to respond to an access to information request within the 30-day statutory period. The request sought correspondence related to a hiring process for a General Safety Officer position at Canadian Forces Base Suffield, including information about the anticipated re-hire of a named individual. DND received the request on April 3, 2023, and did not extend the deadline or transfer the request, making the due date May 3, 2023. The investigation found that DND did not respond by this date, leading to a deemed refusal of access under subsection 10(3) of the Act. The delay was attributed to a lack of responsiveness from one of the Offices of Primary Interest within DND. The Information Commissioner found the delay unacceptable and ordered DND to provide a complete response to the access request within 36 business days of the final report. DND subsequently notified the Commissioner that it would implement the order.

• Whether National Defence responded to the access request within the 30-day period as required by section 7 of the ATIA
• Whether National Defence is deemed to have refused access under subsection 10(3) of the ATIA due to delay

The complainant alleged that Library and Archives Canada (LAC) took an unreasonable extension of time to respond to an access request for Royal Canadian Mounted Police (RCMP) records related to 'Project Anecdote'. LAC extended the time by 23,725 days (approximately 65 years), citing the need to digitize 780,000 pages of records and conduct consultations. The Commissioner found that LAC did not adequately demonstrate why the processing would be limited to a single employee, why tasks were calculated consecutively rather than concurrently, or why the extension period was reasonable. Furthermore, LAC could not specify the exact number of records requiring consultation, making the consultation extension unreasonable. Consequently, the Commissioner found the extension invalid, deeming LAC to have refused access to the records. The complaint was well founded, and LAC was ordered to respond forthwith and provide regular updates and interim releases.

• Whether the extension of time under s.9(1)(a) ATIA for volume of records was for a reasonable period
• Whether the extension of time under s.9(1)(b) ATIA for consultations was for a reasonable period
• Whether the institution's calculation of processing time based on a single employee was reasonable
• Whether the institution's calculation of processing time based on consecutive tasks was reasonable
• Whether the institution adequately justified the length of the extension claimed

The complainant alleged that Ingenium improperly withheld information related to the loan of objects for the exhibit "Autopsy of a Murder" under various sections of the Access to Information Act. Initially, Ingenium claimed exemptions under sections 14, 16(1)(c), 18(b), 18(d), and 19(1). During the investigation, Ingenium decided to no longer rely on sections 16(1)(c), 18(b), 18(d), and 19(1) (for signatures), and disclosed some information. Ingenium then invoked paragraph 68(c) concurrently with section 14 to withhold photographs. The Commissioner found that the photographs were not excluded under paragraph 68(c) as they were operational records, not the artifacts themselves. Furthermore, Ingenium failed to demonstrate that the disclosure of the photographs would cause a reasonable expectation of harm to federal-provincial affairs under section 14. The Commissioner also considered, but ultimately dismissed, arguments related to Quebec's privacy legislation and the Charter of Human Rights and Freedoms, noting that Charter rights do not apply to the deceased and the photographs were not objectively offensive. The complaint was found to be well-founded, and Ingenium was ordered to disclose the records.

• Whether s.14 ATIA (federal-provincial affairs) was properly applied to withhold photographs
• Whether s.16(1)(c) ATIA (conduct of investigations) was properly applied to withhold information
• Whether s.18(b) ATIA (competitive position of government institutions or negotiations by government institutions) was properly applied to withhold information
• Whether s.18(d) ATIA (government financial interests) was properly applied to withhold information
• Whether s.19(1) ATIA (personal information) was properly applied to withhold signatures
• Whether s.68(c) ATIA (material placed by others in certain institutions) excluded photographs from the Act
• Whether the photographs constituted 'material placed by others' under s.68(c)
• Whether disclosure of the photographs could reasonably be expected to harm the conduct of federal-provincial affairs under s.14
• Whether Quebec's privacy legislation or the Charter of Human Rights and Freedoms justified withholding the information under the ATIA

An employee complained that her personal information was repeatedly disclosed to another employee with the same name, and that numerous administrative errors occurred in their respective files. The OPC found that the government institution contravened section 8 of the Privacy Act by mistakenly disclosing the complainant's personal information, including her PRI, email, mailing address, and financial and health information. It also contravened subsection 6(2) of the Act by failing to ensure the accuracy of personal information used for administrative purposes, leading to errors in employee files. The OPC concluded that these issues were systemic due to human error and a lack of awareness among employees regarding privacy breach reporting procedures. The institution accepted the OPC's recommendations to prevent unauthorized disclosures and ensure data accuracy, leading to a conditionally resolved finding.

• Whether the government institution contravened section 8 of the Privacy Act by mistakenly disclosing the complainant’s personal information to another employee with the same name
• Whether the government institution contravened subsection 6(2) of the Privacy Act by failing to ensure that personal information used for administrative purposes was accurate, up-to-date, and complete
• Whether the repeated disclosures and inaccuracies constituted a systemic problem
• Whether the institution's assessment of the sensitivity of the disclosed information was appropriate