Canadian privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) failed to respond to an access request within the extended timeframe, constituting a deemed refusal under the Access to Information Act. The request sought electronic records mentioning specific terms, including "Democracy Watch," from October 2015 to April 2023. PCO received the request in April 2023 and extended the response period by 210 days, setting a new deadline of December 21, 2023, but failed to respond by this date. PCO attributed the delay to limited resources, high workload, and the need for extensive consultations, estimating a response by January 2025. The Commissioner found PCO's estimated timeline unreasonable, noting that the institution had committed inadequate resources to processing the request. The Commissioner concluded that PCO had not met its obligations under the Act and ordered PCO to provide a complete response by November 30, 2024, with interim releases where possible. PCO subsequently agreed to implement the order.

• Whether the institution responded within the extended time limits under subsection 9(1) of the Access to Information Act
• Whether the institution is deemed to have refused access under subsection 10(3) of the Access to Information Act
• Whether the institution's proposed timeline for response was reasonable