Canadian privacy & access decisions

The complainant alleged that the Office of the Auditor General of Canada (OAG) had incorrectly stated that witness statements and documentation supporting a harassment investigation report were not under its control. The OIC investigated whether these records were under the OAG's control, considering factors such as whether they related to an institutional matter and if the OAG had a legally enforceable right to access them. Ultimately, the OIC found that the records were indeed under the OAG's control, making the complaint well-founded.

• Determination of 'control' over records not in physical possession of an institution.
• Whether the OAG had a legally enforceable right of access to the investigation records.
• Whether the content of the records required OAG authorization for communication.
• Whether the OAG relied on the records when preparing other government records.