Canadian privacy & access decisions

The complainant alleged that Health Canada failed to conduct a reasonable search for records in response to two access requests concerning personal or designated producers and users of medical cannabis. Health Canada provided records from one database but argued that retrieving additional potentially relevant information from a second database would be unreasonable due to the extensive manual labour required. The Office of the Information Commissioner (OIC) agreed with Health Canada's position. The OIC found that the institution's search was reasonable, considering the burden of retrieving records from the second database. Consequently, the complaint was not well-founded.

• Whether Health Canada conducted a reasonable search for records under s.4 of the ATIA

The complainant alleged that Transport Canada improperly withheld annual statistics related to processing access to information and privacy requests, citing section 26 of the Access to Information Act. Transport Canada argued that the information was intended for future publication. The Office of the Information Commissioner (OIC) investigated whether the institution met the criteria for applying section 26 and properly exercised its discretion. The OIC found that Transport Canada had satisfied the requirements for section 26 and had considered all relevant factors for and against disclosure. Consequently, the OIC concluded that the institution's decision to withhold the records was appropriate.

• Whether s.26 ATIA (information to be published) was properly applied
• Whether Transport Canada appropriately exercised its discretion under s.26 ATIA