Canadian Privacy Decisions

The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request for specific historical files within the extended time limit. The investigation found that LAC did not respond by the required date, and was therefore deemed to have refused access under subsection 10(3) of the Access to Information Act. The delay was attributed to the ATIP office's failure to process the request in a timely manner. The Commissioner ordered LAC to provide a complete response within 36 business days, but LAC indicated it would not be implementing the order due to existing workload.

• Failure to respond to an access request within the legislated time limits.
• Deemed refusal of access under subsection 10(3) of the Access to Information Act.
• The institution's obligation to respond to an access request even when deemed to have refused.
• The institution's notice of non-implementation of the Commissioner's order.

The complainant alleged that the Privy Council Office (PCO) did not conduct a reasonable search for records concerning Ops 3 and Ops 4 files. The Office of the Information Commissioner found that PCO's initial search was insufficient, as only two pages of responsive records were initially provided. Following the investigation, PCO conducted a further search and identified 251 additional pages of responsive records. The Commissioner ordered PCO to provide a supplementary response by December 22, 2024.

• Reasonableness of the search conducted by the institution
• Completeness of the records provided in response to the access request

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) did not conduct a reasonable search for records related to the funding and fiscal management of the Assembly of First Nations from the Deputy Minister's Office. The investigation revealed deficiencies in CIRNAC's search efforts, indicating that not all likely locations for records were searched. The Information Commissioner found the complaint well-founded and ordered CIRNAC to conduct a new search and provide a response to the complainant.

• Definition of a reasonable search
• Completeness of search efforts across different sectors
• Accessibility of records due to system changes
• Evidence of record existence despite limited disclosure

The complainant alleged that the Canada Border Services Agency (CBSA) did not conduct a reasonable search for records related to companies that worked on the ArriveCAN application. Specifically, the complainant questioned the absence of text messages in the provided records. The OIC investigated CBSA's search process and policies regarding text message management. The Information Commissioner concluded that CBSA's search was reasonable, as text messages are often considered transitory and are not retained if business value is captured in other formats, aligning with Treasury Board Secretariat guidance. Therefore, the complaint was found not to be well founded.

• Reasonableness of the search conducted by the CBSA
• Whether text messages related to the ArriveCAN application were properly searched for and provided
• CBSA's policies and practices regarding the management of transitory records, including text messages