Canadian privacy & access decisions

The complainant alleged that the Canada Border Services Agency (CBSA) failed to conduct a reasonable search for records in response to an access request for emails, text messages, and briefing notes related to companies working on the ArriveCAN application. The complainant specifically questioned the absence of text messages in the records provided. The Office of the Information Commissioner (OIC) investigated CBSA's search efforts, including the program areas involved, search parameters, and policies regarding text message management. CBSA explained that text messages are often considered transitory, especially if followed by an email, and that employees are responsible for saving non-transitory messages to a corporate repository. The OIC found that the Offices of Primary Interest conducted searches in appropriate repositories and that it was reasonable to believe that relevant text messages either did not exist or were not considered relevant at the time of the request, in line with CBSA and Treasury Board Secretariat policies. Consequently, the Information Commissioner concluded that CBSA conducted a reasonable search.

• Whether the Canada Border Services Agency conducted a reasonable search for records
• Whether text messages related to the ArriveCAN application existed and should have been provided
• Whether CBSA's information management policies regarding text messages were appropriately applied