Canadian Privacy Decisions

The complainant alleged that Trans Mountain Corporation (TMC) improperly responded to an access request by invoking section 10(2) of the Access to Information Act, refusing to confirm or deny the existence of records, and indicating that any responsive records would be withheld under section 16(2) (facilitating the commission of an offence). The Information Commissioner found that TMC failed to demonstrate that the existence of records itself warranted withholding, especially since TMC had previously acknowledged similar records. Furthermore, TMC did not sufficiently establish that any responsive records would meet the criteria for exemption under section 16(2).

• Proper application of section 10(2) (neither confirm nor deny existence of records)
• Whether the existence or absence of records can itself be information warranting withholding under the Act
• Whether records could reasonably be expected to facilitate the commission of an offence under section 16(2)
• TMC's inconsistent responses and blanket policy regarding record disclosure