Canadian Privacy Decisions

The complainant alleged that the Public Health Agency of Canada (PHAC) took an unreasonably long extension of time to respond to an access request for records related to social distancing guidance. PHAC claimed a 1,380-day extension, making the response date February 11, 2027. The OIC found that PHAC met all the requirements for the extension, concluding it was reasonable and the complaint was not well founded.

• Reasonableness of time extension claimed by PHAC under subsection 9(1) of the ATIA
• Whether PHAC met the requirements of paragraphs 9(1)(a) and 9(1)(b) of the ATIA

The complainant alleged that National Defence (DND) failed to respond to an access request regarding COVID-19 vaccination mandate accommodations within the statutory time limits. The investigation found that DND missed its extended deadline, leading to a deemed refusal of access. The Commissioner ordered DND to complete the retrieval of all responsive records and provide a response to the request. DND indicated it would comply with the order.

• Failure to respond within statutory time limits
• Deemed refusal of access due to delay
• Responsibility of offices of primary interest for record retrieval
• Undermining of the access to information system credibility

The Information Commissioner reviewed an institution's application to decline acting on an access request. The institution argued the request was an abuse of the right of access. However, the Commissioner found the institution's submissions insufficient and noted they failed to assist the requester or adequately demonstrate an abuse of access rights. Consequently, the Commissioner denied the application.

• Whether the access request constitutes an abuse of the right of access.
• Sufficiency of the institution's evidence to support its application.
• The institution's duty to assist the requester.