Canadian privacy & access decisions

In August 2012, the Information Commissioner launched a systemic investigation into the use and preservation of non-email, text-based messages on government-issued wireless devices, specifically instant messaging and PINs. This investigation was prompted by a complaint against Indian and Northern Affairs Canada (now Aboriginal Affairs and Northern Development Canada) where a complainant received an email suggesting the use of "pin" instead of email for communication. During the investigation of that complaint, it was discovered that relevant BlackBerry devices had been replaced and destroyed, leading to the permanent loss of potentially responsive information. Due to this incident and a rise in similar complaints about missing records, the Commissioner initiated a self-complaint under section 30(1)(f) of the ATIA to examine the impact of instant messaging on access to information. The investigation focused on 11 federal institutions to assess their practices regarding the retention of these types of communications.

• Impact of instant messaging on the right of access to information
• Preservation of non-email, text-based messages on government-issued wireless devices
• Retention policies and practices for instant messages and PIN communications
• Loss of records due to device replacement and destruction