Canadian privacy & access decisions

The complainant alleged that Natural Resources Canada (NRCan) failed to conduct a reasonable search for driving data, including GPS data and driver logbook entries from its fleet vehicles, for three specific time periods. The OIC's investigation found that while NRCan's Office of Primary Interest conducted a search of corporate repositories, NRCan also had a responsibility to retrieve GPS data stored with a third-party data storage company. NRCan conceded that this data, though not in its physical possession, was under its control according to the Access to Information Act. Consequently, NRCan retrieved the GPS records and located additional logbook entries, which were subsequently provided to the complainant during the investigation. The Commissioner concluded that NRCan's initial search was not reasonable as it failed to include records under its control held by a third party. The complaint was found to be well founded.

• Whether Natural Resources Canada conducted a reasonable search for records
• Whether GPS data held by a third-party data storage company was under the control of Natural Resources Canada for the purposes of the Access to Information Act

The complainant alleged that Library and Archives Canada (LAC) failed to conduct a reasonable search for an index containing information about all military personnel who served in World War II. The investigation revealed that LAC does not possess such a comprehensive index. While LAC holds paper-based World War II personnel records, these also include personnel from other conflicts and do not contain information on reservists. Furthermore, these records have not been digitized or used to create an electronic database from which a complete list could be generated. Although LAC can respond to requests for specific individuals, the Commissioner found that the institution does not have the requested index. Therefore, the Commissioner concluded that LAC's search was reasonable given the non-existence of the requested record.

• Whether Library and Archives Canada conducted a reasonable search for an index of all military personnel who served in World War II