Canadian privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) failed to conduct a reasonable search for records in response to an access request concerning emails related to a CSIS Issues Management Brief on foreign interference activity. The initial search by PCO yielded no relevant records from most offices, leading the complainant to provide evidence suggesting that PCO should hold such records. Following this, the Office of the Information Commissioner (OIC) requested PCO to conduct a second search. This subsequent search located 11 pages of additional relevant records within PCO's Security and Intelligence Unit. The OIC concluded that PCO's initial search was not reasonable. Consequently, the Information Commissioner ordered PCO to provide a new response to the access request, including access to the newly found records, subject to any applicable exemptions. PCO confirmed its intention to implement the order.

• Whether the institution conducted a reasonable search for records under s.30(1)(a) ATIA

The complainant alleged that Communications Security Establishment Canada (CSE) failed to respond to an access request within the 30-day period mandated by section 7 of the Access to Information Act. The request sought records related to a previous access request, expanding the search timeframe. The investigation confirmed that CSE did not respond by the due date, leading to a deemed refusal of access under subsection 10(3) of the Act. The delay was attributed to a lack of responsiveness from two Offices of Primary Interest within CSE. The Information Commissioner found the delay unacceptable and ordered CSE to provide a complete response to the access request. CSE subsequently notified the Commissioner that it would implement the order.

• Whether Communications Security Establishment Canada responded to the access request within the 30-day period required by section 7 of the Access to Information Act
• Whether Communications Security Establishment Canada is deemed to have refused access under subsection 10(3) of the Access to Information Act

The complainant alleged that Communications Security Establishment Canada (CSE) failed to respond to an access request within the 30-day statutory period, constituting a deemed refusal under the Access to Information Act. The request sought records related to specific files concerning the Intelligence Assessment Committee. The investigation confirmed that CSE did not respond by the due date, attributing the delay to untimely processing of records and delays in sending consultation packages to other government institutions. Despite receiving approximately 3,000 pages of responsive hardcopy records, CSE had not digitized them or initiated all necessary consultations. The Commissioner found the delay unacceptable and the proposed response date of January 24, 2025, unreasonable, especially given the historical nature of the request and prior disclosures. The complaint was found to be well founded, and CSE was ordered to provide a complete response within 72 business days. However, CSE notified the Commissioner that it would not implement the order and would seek a review by the Federal Court.

• Whether Communications Security Establishment Canada responded to the access request within the 30-day period as required by section 7 of the Access to Information Act
• Whether the institution's failure to respond by the due date constituted a deemed refusal under subsection 10(3) of the Act
• Whether the institution's proposed response date of January 24, 2025, was reasonable

The complainant alleged that Communications Security Establishment Canada (CSE) failed to respond to an access request within the 30-day period mandated by section 7 of the Access to Information Act. The request sought specific records related to 'A220 Committees' and the 'Assessment Review Group'. The investigation confirmed that CSE did not respond by the due date, July 26, 2023, and was therefore deemed to have refused access under subsection 10(3) of the Act. The delay was attributed to the untimely review of records and the failure to develop consultation packages for other relevant institutions. Despite having received approximately 1,600 pages of responsive records, CSE had not digitized them or initiated necessary consultations, anticipating a response by January 24, 2025. The Information Commissioner found this delay unacceptable and ordered CSE to provide a complete response within 72 business days. CSE, however, notified the Commissioner that it would not implement the order and would instead seek a review by the Federal Court.

• Whether Communications Security Establishment Canada responded to the access request within the 30-day period as required by section 7 of the Access to Information Act
• Whether Communications Security Establishment Canada was deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act
• Whether the delay in processing the request was acceptable