Canadian privacy & access decisions

The Office of the Privacy Commissioner (OPC) investigated complaints against the NSIRA Secretariat regarding its access to sensitive polygraph records during a review of the Communications Security Establishment's (CSE) Internal Security Program. Complainants questioned whether the collection of personal information complied with section 4 of the Privacy Act and if the Secretariat met its Personal Information Bank (PIB) obligations under section 10. The OPC found that while some un-redacted elements in security screening files posed a re-identification risk, the polygraph recordings themselves were sufficiently anonymized. Given NSIRA's broad mandate and right of access, the OPC concluded the collection issue was not well-founded. However, the Secretariat's delay in requesting approval for PIB changes was found well-founded, though resolved by subsequent submission. The OPC recommended the Secretariat prioritize PIB approvals and publish its Info Source page for transparency. The Secretariat committed to these actions.

• Whether the NSIRA Secretariat's collection of personal information (polygraph records) complied with section 4 of the Privacy Act.
• Whether the anonymization measures applied to polygraph records were sufficient to prevent re-identification.
• Whether the NSIRA Secretariat's viewing of personal information, even if not recorded, constituted a 'collection' under section 4.
• Whether the NSIRA Secretariat met its obligations under section 10 of the Privacy Act regarding Personal Information Banks (PIBs).
• Whether the NSIRA Secretariat's request for PIB approval was timely.
• Whether the NSIRA Secretariat published its Info Source page as required by TBS policy.

The complainant alleged that Indigenous Services Canada (ISC) failed to conduct a reasonable search for records related to housing space accommodation guides, space criteria, and occupancy rates for Indigenous communities from 1960 to 1990. Initially, ISC stated no responsive records existed and suggested the complainant contact their archives. The Office of the Information Commissioner (OIC) questioned this approach, leading ISC to conduct further searches. These subsequent searches, after initial nil results, eventually identified approximately 24,000 pages of potentially relevant records. With the complainant's agreement, the scope of the request was narrowed, resulting in 800 pages of responsive records. The OIC concluded that ISC did not conduct a reasonable search at the time it first processed the request. The Commissioner ordered ISC to complete the retrieval and processing of all responsive records, provide an interim release within 36 business days, and a final response within 60 business days.

• Whether Indigenous Services Canada conducted a reasonable search for records responsive to the access request