Canadian privacy & access decisions

The complainant alleged that National Defence (DND) failed to conduct reasonable searches for records related to specific contracts under the Access to Information Act. The OIC investigation found that DND had not attempted to retrieve records from a third-party contractor, despite being entitled to them under the contract, nor had it searched paper records or a cloud-based platform. While DND initially argued the records were not under its control, it later conceded this point. As a result of the OIC's investigation, DND contacted the contractor and retrieved additional documents from the cloud platform. The Information Commissioner concluded that DND's initial searches were not reasonable. The complaints were found to be well founded, and DND was ordered to process the newly located records and provide new responses to the complainant.

• Whether National Defence conducted reasonable searches for records related to contracts W6369-21-X008 and W6369-19-X033/A
• Whether records held by a third-party contractor, which National Defence was entitled to obtain, were under the control of National Defence
• Whether National Defence adequately searched paper records
• Whether National Defence adequately searched cloud-based platforms

The complainant alleged that Parks Canada improperly withheld information under various sections of the Access to Information Act in response to a request for records related to Benga Mining or the Grassy Mountain Coal Project. The institution withheld information under subsection 19(1) (personal information), paragraphs 21(1)(a), (b), (c) (advice, consultations, plans), and section 23 (litigation privilege). During the investigation, Parks Canada disclosed a portion of the record initially withheld under paragraph 21(1)(a) due to the passage of time. The Commissioner found that the remaining information withheld under subsection 19(1), paragraph 21(1)(a), and section 23 met the criteria for exemption and that the institution had reasonably exercised its discretion. The Commissioner also addressed the complainant's concern about records marked as "not relevant," finding that Parks Canada was justified in not processing these records given the complainant's prior agreement to narrow the scope of the request. Despite upholding the institution's application of most exemptions, the complaint was found to be well-founded because the institution initially improperly withheld information under paragraph 21(1)(a) that was later released.

• Whether s.19(1) personal information exemption was properly applied
• Whether discretion under s.19(2) was reasonably exercised
• Whether s.21(1)(a) advice or recommendations exemption was properly applied
• Whether discretion under s.21(1)(a) was reasonably exercised
• Whether s.21(1)(b) accounts of consultations or deliberations exemption was properly applied
• Whether s.21(1)(c) positions or plans developed for negotiations exemption was properly applied
• Whether s.23 litigation privilege exemption was properly applied
• Whether discretion under s.23 was reasonably exercised
• Whether Parks Canada was justified in not processing records deemed 'not relevant' based on complainant's prior agreement