Canadian privacy & access decisions

The complainant alleged that Bell Canada contravened PIPEDA by failing to respond to an access request within 30 days and by denying access to his cellphone logs. The OPC found that Bell contravened subsection 8(3) of PIPEDA for the delayed response and Principle 4.9 for denying access, as the phone logs constituted the complainant's personal information. The OPC determined that the complainant's privacy interest in his phone logs outweighed the ex-spouse's interest, and there was a public interest in disclosure. Bell agreed to provide the requested logs to the complainant, resolving that aspect of the complaint. Bell also committed to implementing recommendations to improve its access request procedures and enhance openness regarding data access on shared accounts, leading to a conditionally resolved outcome for these issues.

• Whether Bell responded to the Complainant’s access request within thirty days as per subsection 8(3) of PIPEDA
• Whether Bell adequately responded to the Complainant’s request to access his personal information under Principle 4.9 of PIPEDA
• Whether phone logs relating to a specific phoneline constitute the personal information of the phoneline's user, even if they are not the account holder
• Whether the Complainant's interest in accessing the phone logs is greater than the ex-spouse's interest in non-disclosure of the phone logs
• Whether Bell was sufficiently open with individuals about account holders' access to phone usage details on shared accounts, contrary to PIPEDA's Openness principle (Principle 4.8.1)

The complainant alleged that Library and Archives Canada (LAC) failed to respond to an access request within the 30-day period stipulated by section 7 of the Access to Information Act. The request sought extensive information related to the Métis Nation, treaties, and the Native Women's Association of Canada, covering a broad historical period. LAC argued that the request was too broad and vague, lacking sufficient detail for experienced employees to identify specific records with reasonable effort, and that responding would require extensive historical and legal research beyond its mandate. The OIC determined that the request did not meet the requirements of section 6 of the Act, which mandates that requests provide enough detail for records to be identified with reasonable effort. Despite LAC's attempts to seek clarification and offer assistance through its reference services, the complainant did not provide further specifics. Consequently, the OIC concluded that LAC was not obligated to process the request and was not in deemed refusal. The complaint was found to be not well founded.

• Whether Library and Archives Canada responded to the access request within the 30-day period
• Whether the access request provided enough detail for experienced institutional employees to identify relevant records with a reasonable effort under section 6 of the ATIA
• Whether the institution's efforts to seek clarification from the requester were reasonable
• Whether the institution was in deemed refusal pursuant to subsection 10(3) of the ATIA

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) took an unreasonable time extension under subsection 9(1) of the Access to Information Act and improperly processed two requests as one. The request sought an updated Consultation Agreement between Canada and the MNA and related documents. The Information Commissioner found that CIRNAC's 180-day extension for volume and 90-day extension for consultations were unreasonable, particularly noting that a 90-day consultation period for 12 pages with the Department of Justice was not justified. Consequently, CIRNAC was deemed to have refused access. However, the Commissioner found it reasonable for CIRNAC to treat the request as a single one, given the way it was submitted. The complaint was deemed well-founded, and CIRNAC was ordered to provide a complete response within 36 business days.

• Whether the 180-day extension under s.9(1)(a) ATIA for volume was reasonable
• Whether the 90-day extension under s.9(1)(b) ATIA for consultations was reasonable
• Whether the 30-day extension under s.9(1)(c) ATIA was reasonable
• Whether CIRNAC improperly processed two requests as one
• Whether CIRNAC was deemed to have refused access under s.10(3) ATIA