Canadian privacy & access decisions

The complainant alleged that National Defence (DND) failed to conduct a reasonable search for records in response to an access request for all finished intelligence assessments produced by J2 Director Strategic Intelligence (J2 DSI) concerning Iraq between January 1, 2000, and December 31, 2003. The OIC investigation found that DND's Offices of Primary Interest did not retrieve all relevant records during the initial search and DND failed to provide representations on the reasonableness of its search despite multiple requests. The OIC concluded that DND did not conduct a reasonable search. The OIC ordered DND to conduct a secondary search, which located three additional records. DND agreed to implement the order and provide a new response to the complainant.

• Whether National Defence conducted a reasonable search for records responsive to the access request

The complainant, as the executor of a deceased Canadian Armed Forces member's estate, requested personal information from the Department of National Defence (DND) for estate administration purposes. DND initially refused disclosure, citing that the request did not meet the criteria under paragraph 10(b) of the Privacy Regulations and withheld information under section 26 of the Privacy Act, also claiming some records were not under its control or had surpassed retention periods. The OPC found that the complainant was authorized under paragraph 10(b) to access certain information (items 4, 5, 9, and later 2, 6, 7, 8) as it was relevant to potential civil claims regarding the deceased's financial situation and alleged undue influence. The investigation concluded that DND failed to conduct an adequate search for records and improperly applied section 26 without reviewing the records. DND was also found to have improperly deferred the complainant to an informal avenue without formally processing the request. The OPC recommended DND conduct a reasonable search for the specified records and provide a new response, which DND agreed to do. The complaint was therefore found well-founded and conditionally resolved.

• Whether the complainant, as executor, was entitled to make a request on behalf of the deceased member under paragraph 10(b) of the Privacy Regulations for the purpose of administering the estate.
• Whether the complainant sufficiently articulated or substantiated the precise purposes of the information to administer the estate and how the records in question could further those purposes.
• Whether DND properly applied section 26 of the Privacy Act in refusing to disclose the requested information.
• Whether DND conducted an adequate search for the requested records.
• Whether DND improperly deferred the complainant to another avenue without formally processing a portion of the access request.
• Whether personal information of a deceased individual (less than 20 years deceased) retains the same privacy protection as a living individual.
• Whether the 'only for the purpose of such administration' clause in paragraph 10(b) of the Regulations imposes stricter requirements than 'relates to the administration of the individual’s estate' in MFIPPA.
• Whether records sought to assist in prosecuting a civil claim brought on behalf of the estate for damages recoverable by the estate relate to the administration of the estate.
• Whether records relevant to the deceased’s financial situation and allegations of fraud or theft of the deceased’s property relate to the administration of the estate.
• Whether DND's obligation to process a formal access request is relieved if other informal avenues exist.

The complainant alleged that Communications Security Establishment Canada (CSE) failed to respond to an access request within the 30-day statutory period, constituting a deemed refusal under the Access to Information Act. The request sought records related to specific files concerning the Intelligence Assessment Committee. The investigation confirmed that CSE did not respond by the due date, attributing the delay to untimely processing of records and delays in sending consultation packages to other government institutions. Despite receiving approximately 3,000 pages of responsive hardcopy records, CSE had not digitized them or initiated all necessary consultations. The Commissioner found the delay unacceptable and the proposed response date of January 24, 2025, unreasonable, especially given the historical nature of the request and prior disclosures. The complaint was found to be well founded, and CSE was ordered to provide a complete response within 72 business days. However, CSE notified the Commissioner that it would not implement the order and would seek a review by the Federal Court.

• Whether Communications Security Establishment Canada responded to the access request within the 30-day period as required by section 7 of the Access to Information Act
• Whether the institution's failure to respond by the due date constituted a deemed refusal under subsection 10(3) of the Act
• Whether the institution's proposed response date of January 24, 2025, was reasonable

The complainant alleged that Communications Security Establishment Canada (CSE) 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 records related to a previous access request, expanding the search timeframe. The investigation confirmed that CSE did not respond by the due date, leading to a deemed refusal of access under subsection 10(3) of the Act. The delay was attributed to a lack of responsiveness from two Offices of Primary Interest within CSE. The Information Commissioner found the delay unacceptable and ordered CSE to provide a complete response to the access request. CSE subsequently notified the Commissioner that it would implement the order.

• Whether Communications Security Establishment Canada responded to the access request within the 30-day period required by section 7 of the Access to Information Act
• Whether Communications Security Establishment Canada is deemed to have refused access under subsection 10(3) of the Access to Information Act

The complainant alleged that Communications Security Establishment Canada (CSE) 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 specific records related to 'A220 Committees' and the 'Assessment Review Group'. The investigation confirmed that CSE did not respond by the due date, July 26, 2023, and was therefore deemed to have refused access under subsection 10(3) of the Act. The delay was attributed to the untimely review of records and the failure to develop consultation packages for other relevant institutions. Despite having received approximately 1,600 pages of responsive records, CSE had not digitized them or initiated necessary consultations, anticipating a response by January 24, 2025. The Information Commissioner found this delay unacceptable and ordered CSE to provide a complete response within 72 business days. CSE, however, notified the Commissioner that it would not implement the order and would instead seek a review by the Federal Court.

• Whether Communications Security Establishment Canada responded to the access request within the 30-day period as required by section 7 of the Access to Information Act
• Whether Communications Security Establishment Canada was deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act
• Whether the delay in processing the request was acceptable

The complainant alleged that the Privy Council Office (PCO) failed to conduct a reasonable search for records in response to an access request concerning emails related to a CSIS Issues Management Brief on foreign interference activity. The initial search by PCO yielded no relevant records from most offices, leading the complainant to provide evidence suggesting that PCO should hold such records. Following this, the Office of the Information Commissioner (OIC) requested PCO to conduct a second search. This subsequent search located 11 pages of additional relevant records within PCO's Security and Intelligence Unit. The OIC concluded that PCO's initial search was not reasonable. Consequently, the Information Commissioner ordered PCO to provide a new response to the access request, including access to the newly found records, subject to any applicable exemptions. PCO confirmed its intention to implement the order.

• Whether the institution conducted a reasonable search for records under s.30(1)(a) ATIA

The complainant alleged that National Defence (DND) failed to respond to an access to information request within the 30-day statutory period. The request sought information, including emails, reports, flight logs, and cargo manifests, related to Canadian government-owned planes landing in Lebanon between October 7 and December 5, 2023. DND did not respond by the deadline and was deemed to have refused access under subsection 10(3) of the Act. The investigation revealed that the delay was due to a lack of responsiveness from two Offices of Primary Interest (OPIs) within DND, preventing the Directorate of Access to Information and Privacy from processing the request. The Information Commissioner found the delay unacceptable and ordered DND to provide a complete response within 60 business days. DND subsequently agreed to implement the order.

• Whether National Defence responded to the access request within the 30-day period as required by section 7 of the Access to Information Act
• Whether National Defence was deemed to have refused access under subsection 10(3) of the Act due to delay

The complainant alleged that Innovation, Science and Economic Development Canada (ISED) improperly withheld information under paragraphs 18(b) and 20(1)(c) of the Access to Information Act. The request sought a list of grants and contributions, including assistance type and other details, approved under specific ISED programs. During the investigation, the complainant withdrew the allegation regarding paragraph 20(1)(c). ISED argued that disclosing the assistance type would harm its negotiating position by allowing companies to compare terms and seek more favorable conditions, thereby interfering with future negotiations. However, the Commissioner found that ISED failed to demonstrate how the release of this information would cause further harm, as similar information was already publicly available. The Commissioner concluded that ISED did not meet the requirements of paragraph 18(b) and ordered the disclosure of the withheld information. ISED agreed to implement the order.

• Whether s.18(b) ATIA applied to information regarding the assistance type of grants and contributions
• Whether disclosure could injure the competitive position of a government institution
• Whether there was a reasonable expectation of harm to the competitive position
• Whether contractual or other negotiations were under way or would be conducted in the future
• Whether disclosure could interfere with negotiations
• Whether there was a reasonable expectation of harm to negotiations
• Whether ISED properly exercised its discretion under s.18(b)

The Information Commissioner initiated a systemic investigation into the Canada Border Services Agency (CBSA) due to a high number of complaints alleging delays in responding to access requests, particularly for immigration application information. The investigation found a dramatic increase in requests to CBSA for records stored in the Global Case Management System (GCMS), which is also accessed by Immigration, Refugees and Citizenship Canada (IRCC). This surge was attributed to IRCC's failure to implement an effective system for clients to directly retrieve their immigration information, leading requesters to file identical requests with both institutions. Despite CBSA's efforts to increase funding, implement automation, and improve consistency and collaboration, the Commissioner found that CBSA must continue to find ways to meet its obligations under the Act, as the root cause (IRCC's system deficiencies) is outside its control. The complaint was found to be well founded, and the Commissioner made recommendations to the Minister of Public Safety and Emergency Preparedness.

• Whether Canada Border Services Agency failed to respond to access requests within the time limits set out in the Access to Information Act
• Whether the increase in access requests to Canada Border Services Agency for immigration application information is due to Immigration, Refugees and Citizenship Canada's lack of an effective system for direct client information retrieval
• Whether Canada Border Services Agency's current measures are sufficient to address the high volume of access requests and backlog

The complainant alleged that National Defence (DND) failed to respond to an access to information request within the 30-day statutory period. The request sought correspondence related to a hiring process for a General Safety Officer position at Canadian Forces Base Suffield, including information about the anticipated re-hire of a named individual. DND received the request on April 3, 2023, and did not extend the deadline or transfer the request, making the due date May 3, 2023. The investigation found that DND did not respond by this date, leading to a deemed refusal of access under subsection 10(3) of the Act. The delay was attributed to a lack of responsiveness from one of the Offices of Primary Interest within DND. The Information Commissioner found the delay unacceptable and ordered DND to provide a complete response to the access request within 36 business days of the final report. DND subsequently notified the Commissioner that it would implement the order.

• Whether National Defence responded to the access request within the 30-day period as required by section 7 of the ATIA
• Whether National Defence is deemed to have refused access under subsection 10(3) of the ATIA due to delay