Canadian privacy & access decisions

The complainant alleged that the Royal Canadian Mounted Police (RCMP) failed to conduct a reasonable search for records related to allegations of political interference with the Attorney General's functions concerning the SNC-Lavalin prosecution. The request covered records from July 8, 2022, to July 5, 2023. The investigation found that while the RCMP tasked relevant offices, these offices failed to search for records within the full specified timeframe. Specifically, Federal Policing and National Division did not search for records created after certain dates within the request's scope, and the Commissioner's Office's search timeframe was unclear. Furthermore, a 4600-page Police Reporting and Occurrence System (PROS) file, which the RCMP deemed irrelevant due to its 'occurrence time' being outside the request's timeframe, was found by the Commissioner to be relevant and to contain actions reported within the requested period. The Commissioner concluded that the RCMP did not conduct a reasonable search and ordered a new search and response. The RCMP agreed to implement the order.

• Whether the Royal Canadian Mounted Police conducted a reasonable search for records
• Whether Federal Policing searched for records up to July 5, 2023
• Whether National Division searched for records created after May 29, 2023
• Whether the Commissioner's Office's search timeframe was adequate
• Whether the 4600-page PROS Occurrence Report was relevant to the request timeframe

The complainant alleged that National Defence (DND) 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 a Canadian Forces National Counter-Intelligence Unit (CFNCIU) document titled "Defining IMVE," dated November 8, 2018. DND received the request on March 10, 2025, making the response deadline April 9, 2025, but failed to respond by this date or to issue a valid extension. The investigation revealed that the delay was due to the Office of Primary Interest (OPI), the Canadian Forces Intelligence Command (CFINTCOM), not providing the requested records to DND's Directorate Access to Information and Privacy (DAIP). The Commissioner found this delay unacceptable, especially given the document was estimated to be only six pages long. Consequently, DND was deemed to have refused access under subsection 10(3) of the Act. The Commissioner ordered DND to provide a complete response within 36 business days, and DND agreed to comply.

• Whether the institution responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether the institution was deemed to have refused access under subsection 10(3) of the Act due to delay

The complainant alleged that National Defence (DND) failed to respond to an access request within the 30-day statutory period, constituting a deemed refusal under subsection 10(3) of the Access to Information Act. The request sought "Report 002-18: The militia movement, the III%, and the threat to DND/CAF" and associated documents. The investigation confirmed that DND did not respond by the deadline of April 9, 2025, and had not extended the timeline. The delay was attributed to the Office of Primary Interest (OPI), Canadian Forces Intelligence Command (CFINTCOM), which had not yet retrieved the records despite estimating only 13 pages. The Information Commissioner found this delay unacceptable and emphasized the collective responsibility of all DND personnel to respect access rights. The complaint was found to be well founded, and DND was ordered to provide a complete response within 36 business days.

• Whether National Defence responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether National Defence was in deemed refusal under subsection 10(3) of the Access to Information Act

The complainant alleged that Transport Canada failed to conduct a reasonable search for records in response to an access request concerning communications between Transport Canada and the Royal Canadian Mounted Police (RCMP) related to Class D operation with a single engine helicopter. Initially, Transport Canada located only two pages. During the OIC's investigation, Transport Canada conducted additional searches, identifying approximately 690 more responsive pages. While the institution argued that consultations with the RCMP would take at least six months, the Commissioner found that a reasonable search had ultimately been conducted. However, the Commissioner ordered Transport Canada to process these additional records and provide a new response to the complainant within 60 business days, emphasizing that the institution bears ultimate responsibility for ensuring consultations do not unduly delay access. The complaint was found to be well founded.

• Whether Transport Canada conducted a reasonable search for records
• Whether the consultation process with the RCMP unduly delayed access

The OPC investigated a complaint against Google regarding its search engine displaying outdated media articles about the Complainant's HIV status and a stayed criminal charge when their name was searched. The Complainant alleged these articles caused significant harm, including physical assault and lost employment, and sought their de-listing from name-based search results. The OPC's jurisdiction over Google's search engine under PIPEDA was affirmed by the Federal Court and Federal Court of Appeal, rejecting Google's claims of non-commercial activity and journalistic exemption. The OPC found Google did not contravene Principle 4.6 (accuracy), as its responsibility was for the search results accurately reflecting linked content, not the content itself. However, the OPC concluded that Google contravened subsection 5(3) (appropriate purposes), determining that the significant harms to the Complainant's safety and dignity outweighed the limited public interest in the articles remaining linked to their name. The OPC recommended Google de-list the articles from searches for the Complainant's name, balancing privacy rights with freedom of expression. Google declined to implement this recommendation, stating it required further court guidance on the "right to de-listing" and Charter implications. Consequently, the complaint was found well-founded and unresolved regarding subsection 5(3), and not well-founded for the accuracy issue.

• Whether PIPEDA applies to Google's search engine service as a commercial activity within the meaning of paragraph 4(1)(a) of PIPEDA
• Whether the operation of Google’s search engine service is excluded from the application of Part 1 of PIPEDA by virtue of paragraph 4(2)(c) of PIPEDA because it involves the collection, use or disclosure of personal information for journalistic, artistic or literary purposes and for no other purpose
• Whether Google is contravening Accuracy requirements under Principle 4.6 of Schedule 1 of PIPEDA by continuing to display the search results in response to searches for the Complainant’s name
• Whether Google is contravening subsection 5(3) of PIPEDA by continuing to display the search results in response to searches for the Complainant’s name, considering whether the purposes are appropriate in the circumstances
• Whether the accessibility of information in response to a search for the Complainant's name causes significant harm to the Complainant
• Whether the significant harm to the Complainant outweighs the public interest in the search results remaining available through Google's search engine by searching the Complainant's name
• Whether Google collected, used, or disclosed personal information without consent under Principles 4.3.4 and 4.3.8 of Schedule 1 of PIPEDA (OPC declined to address)