Canadian privacy & access decisions

The Information Commissioner initiated a systemic investigation into Library and Archives Canada's (LAC) delayed responses to access requests. This investigation was prompted by a long-standing trend of LAC failing to meet legislative deadlines for responding to access requests, which worsened during the COVID-19 pandemic. The investigation found that during the period under review, nearly 80% of requests completed by LAC did not comply with the timeframes set out in the Access to Information Act. The Commissioner informed the Minister of Canadian Heritage, as the head of LAC, of these findings and made ten recommendations. A special report was subsequently tabled in Parliament, highlighting issues within LAC and broader challenges in Canada's access to information system, specifically regarding inter-institutional consultations and the absence of a government-wide declassification framework.

• Whether Library and Archives Canada was responding to access requests within the legislative deadlines
• Whether the delays in responding to access requests constituted a systemic issue

The Office of the Information Commissioner (OIC) conducted a systemic investigation into the processing of access to information requests at National Defence (DND). The investigation focused on the six offices of primary interest (OPIs) most frequently tasked with responding to requests between January 2017 and December 2018. OIC officials interviewed OPIs and DND's Directorate of Access to Information and Privacy (DAIP), and reviewed internal documents, manuals, and statistics. The Commissioner identified significant issues with DND's compliance with the Access to Information Act. The Minister of National Defence acknowledged the need for improvements and proposed corrective actions, which were accepted or built upon by the Commissioner. The Commissioner issued nine recommendations to the Minister, who agreed to implement them to address the identified shortcomings.

• Processing of access to information requests at National Defence
• Compliance with the Access to Information Act by National Defence
• Efficiency and effectiveness of DND's Access to Information and Privacy (ATIP) processes

This document describes a systemic investigation initiated by former Information Commissioner Suzanne Legault on March 27, 2013, and concluded on February 28, 2018. The investigation was prompted by a complaint from the Environmental Law Clinic at the University of Victoria and Democracy Watch. The focus of the investigation was on 'Access to scientists' within several federal institutions, including the Canadian Food Inspection Agency, Environment Canada, Fisheries and Oceans, the National Research Council, and Natural Resources Canada. The decision type is classified as a systemic investigation, indicating a broader review of practices rather than a single access request complaint. The specific details of the findings and recommendations are not provided in this excerpt, but the investigation's scope suggests an examination of how these institutions handle information related to scientific activities and personnel.

• Systemic investigation into 'Access to scientists' practices across multiple federal institutions

In 2015-2016, the Commissioner conducted a systemic investigation into Parks Canada's approach to processing access to information requests. The investigation highlighted the importance of collaboration between institutions and the Commissioner to achieve positive systemic changes for access rights. This case illustrated how an institution's engagement during an investigation could lead to improvements in its access to information practices. The Commissioner's findings focused on the institution's overall approach rather than specific exemptions or individual complaints. The outcome emphasized the benefits of leadership and cooperation in addressing systemic issues related to access to information.

• Parks Canada's approach to processing access requests
• Systemic issues in access to information practices

The complainant requested access to the Firearms Registry database from the Royal Canadian Mounted Police (RCMP) on March 27, 2012, prior to the enactment of the Ending the Long-gun Registry Act. The complainant alleged that the RCMP provided an incomplete response, failed to justify the incompleteness, and obstructed the right of access by destroying responsive records. The investigation focused on whether the RCMP's actions, particularly the destruction of records, constituted an obstruction of the right of access under section 67.1 of the Access to Information Act. The Commissioner examined the circumstances surrounding the destruction of the Long-gun Registry data. The Commissioner found that the destruction of the records was carried out in accordance with a valid legislative process and did not constitute an obstruction of the right of access.

• Whether the information provided was incomplete
• Whether the RCMP justified the incomplete response
• Whether the destruction of responsive records by the RCMP obstructed the right of access under section 67.1 of the Act

The Information Commissioner initiated a systemic investigation under section 39 of the Access to Information Act into Public Works and Government Services Canada (PWGSC). The investigation focused on the processing of eight access to information or consultation requests received by PWGSC between July 22, 2008, and January 19, 2010. The primary concern was the possibility of interference in the processing of these requests. This report, titled "Interference with Access to Information: Part 2," details the Commissioner's findings regarding the alleged interference. The investigation aimed to determine if the institution's handling of these requests was appropriate or if there were instances of improper influence or obstruction.

• Whether there was interference in the processing of access to information requests at Public Works and Government Services Canada
• Whether Public Works and Government Services Canada properly processed eight specific access to information or consultation requests

In August 2012, the Information Commissioner launched a systemic investigation into the use and preservation of non-email, text-based messages on government-issued wireless devices, specifically instant messaging and PINs. This investigation was prompted by a complaint against Indian and Northern Affairs Canada (now Aboriginal Affairs and Northern Development Canada) where a complainant received an email suggesting the use of "pin" instead of email for communication. During the investigation of that complaint, it was discovered that relevant BlackBerry devices had been replaced and destroyed, leading to the permanent loss of potentially responsive information. Due to this incident and a rise in similar complaints about missing records, the Commissioner initiated a self-complaint under section 30(1)(f) of the ATIA to examine the impact of instant messaging on access to information. The investigation focused on 11 federal institutions to assess their practices regarding the retention of these types of communications.

• Impact of instant messaging on the right of access to information
• Preservation of non-email, text-based messages on government-issued wireless devices
• Retention policies and practices for instant messages and PIN communications
• Loss of records due to device replacement and destruction