Canadian privacy & access decisions

The complainant alleged that Employment and Social Development Canada (ESDC) failed to conduct a reasonable search for records in response to an access request concerning complaints submitted to ESDC's Labour Program. The OIC's investigation found that ESDC's initial search was not reasonable because it overlooked two key components of the access request. Consequently, ESDC conducted an additional search, which identified further responsive records. The OIC concluded that while the initial search was inadequate, the subsequent search was reasonable. The complaint was found to be well-founded, and the OIC ordered ESDC to process the newly identified records and issue a new response to the complainant within 36 business days. ESDC agreed to implement these orders.

• Whether Employment and Social Development Canada conducted a reasonable search for records related to complaints submitted to its Labour Program

The complainant alleged that the Privy Council Office (PCO) improperly withheld information under various sections of the Access to Information Act in response to a request for reports and minutes from the Intelligence Advisory Committee (IAC) concerning global warming or climate change from 1988-1989. PCO initially claimed exemptions under subsections 13(1), 14, 15(1), 19(1), and 24(1). During the investigation, the complainant withdrew the 19(1) allegation, and PCO conceded that section 14 was improperly applied, releasing the information. PCO also subsequently released some information initially withheld under 13(1) and 15(1). The Commissioner found that PCO failed to demonstrate that the remaining withheld information met the requirements for exemption under subsections 13(1), 15(1), or 24(1), particularly regarding the confidentiality of foreign government information, the potential harm from disclosing names of CSIS and CSE employees, and the impact of revealing dissemination markings or general assessments of allies. The Commissioner concluded that PCO did not establish a reasonable expectation of probable harm for the claimed exemptions. The complaint was found to be well founded, and PCO was ordered to disclose the records in their entirety.

• Whether information was obtained in confidence from a foreign government under s.13(1) ATIA
• Whether disclosure of CSIS employee names could reasonably be expected to harm international affairs, defence, or national security under s.15(1) ATIA
• Whether disclosure of CSE employee names could reasonably be expected to harm international affairs, defence, or national security under s.15(1) ATIA
• Whether disclosure of dissemination markings could reasonably be expected to harm international affairs, defence, or national security under s.15(1) ATIA
• Whether disclosure of limited information regarding foreign governments could reasonably be expected to harm international affairs, defence, or national security under s.15(1) ATIA
• Whether the identity of CSIS employees was restricted from disclosure by s.18(1) of the CSIS Act, thereby falling under s.24(1) ATIA