Canadian Privacy Decisions

The complainant alleged that the Privy Council Office (PCO) improperly withheld records containing minutes from the Intelligence Advisory Committee (IAC) from 1989, citing exemptions related to confidential information from government bodies and international affairs/national security. During the investigation, PCO agreed to disclose most records but continued to withhold specific categories, including liaison officer titles, information on foreign intelligence visits, dissemination markings, names of CSE employees, and intelligence report titles. The Information Commissioner found that PCO failed to justify withholding these records under the cited exemptions. The Commissioner recommended disclosure of all withheld information, except for the names of liaison officers from allied countries, which the complainant did not object to redacting. PCO subsequently announced it would not implement the Commissioner's recommendations.

• Whether PCO properly applied exemptions under subsection 13(1) (confidential information from government bodies) and subsection 15(1) (international affairs, national security, defence) to the withheld records.
• Whether PCO provided sufficient evidence to demonstrate a reasonable expectation of harm from the disclosure of the withheld information.
• Whether PCO properly exercised its discretion in withholding information.
• Whether PCO's reliance on paragraph 21(1)(b) (account of consultations or deliberations) was justified.

The complainant alleged that the Privy Council Office (PCO) improperly withheld records from 1966 under exemptions related to confidential government information and international affairs/national security. The Information Commissioner found that PCO failed to justify withholding the information under these exemptions. PCO stated it would disclose most records but refused to implement the Commissioner's recommendation to release all withheld information, leading to a 'well-founded' decision.

• Proper application of subsection 13(1) ATIA (confidential information from government bodies)
• Proper application of subsection 15(1) ATIA (international affairs, national security, defence)
• Burden of proof on the institution to justify exemptions
• Reasonable expectation of harm from disclosure

The complainant alleged that the Privy Council Office (PCO) improperly withheld historical records from 1982-1983 regarding the Intelligence Advisory Committee under exemptions related to confidential information from government bodies and international affairs/national security. While PCO agreed to release some information during the investigation, the Information Commissioner found that the remaining withheld information did not meet the requirements for these exemptions. The Commissioner recommended disclosure, but PCO stated it would not implement the recommendation.

• Whether information concerning Liaison Officer titles was obtained in confidence under s.13(1) ATIA
• Whether disclosure of Liaison Officer titles, dissemination markings, CSE employee names, and report titles would cause harm under s.15(1) ATIA
• Whether PCO reasonably exercised its discretion to withhold information
• Whether PCO's stated reasons for withholding information were speculative and not supported by evidence of probable harm

The complainant alleged that the Privy Council Office (PCO) improperly withheld records from 1981 under access to information exemptions related to confidential information from government bodies and international affairs/national security. PCO initially withheld information but later stated it would disclose most of it, except for specific categories. The Information Commissioner found that PCO had not properly applied the exemptions and recommended disclosure of all information. However, PCO indicated it would not implement the recommendation.

• Whether information regarding liaison officers' titles was obtained in confidence under subsection 13(1) of the ATIA.
• Whether the disclosure of various records, including liaison officer titles, distribution markings, CSE employee names, and intelligence report titles, could reasonably be expected to harm international affairs, national security, or defence under subsection 15(1) of the ATIA.
• Whether PCO properly exercised its discretion in withholding information under subsections 13(1) and 15(1) of the ATIA.
• PCO's refusal to implement the Commissioner's recommendations.