Canadian privacy & access decisions

The complainant alleged that Correctional Service Canada (CSC) improperly withheld information under subsection 19(1) (personal information) of the Access to Information Act. The request sought emails to and from the Warden at Millhaven Institution related to COVID-19 and Structured Intervention Units. The investigation confirmed that some withheld information, such as names and contact details of staff and offenders for contact tracing, performance appraisals, and criminal history, met the requirements of subsection 19(1). However, the Commissioner found that other information, including dates of last and next shifts for CX and healthcare staff, names of individuals in an email discussing performance ratings, all information on page 77, and the type of incidents in situation reports, did not meet the criteria for personal information under subsection 19(1). CSC's exercise of discretion under subsection 19(2) was deemed reasonable as the circumstances for disclosure were not met. The Commissioner ordered CSC to disclose the information that did not meet the requirements of subsection 19(1), and CSC agreed to implement the order. The complaint was found to be well founded.

• Whether names and contact information of staff and offenders for COVID-19 contact tracing constitute personal information under s.19(1) ATIA
• Whether performance appraisals constitute personal information under s.19(1) ATIA
• Whether information related to intra-regional transfers constitutes personal information under s.19(1) ATIA
• Whether names, birthdates, and FPS numbers of offenders constitute personal information under s.19(1) ATIA
• Whether details regarding an offender’s criminal history constitute personal information under s.19(1) ATIA
• Whether dates of last shift and next shift for CX and healthcare staff constitute personal information under s.19(1) ATIA
• Whether dates of last shift and next shift for MAI and unit CM staff constitute personal information under s.19(1) ATIA
• Whether names of individuals in an email discussing proposed rating changes constitute personal information under s.19(1) ATIA
• Whether information on page 77 constitutes personal information under s.19(1) ATIA
• Whether the type of incident in situation reports constitutes personal information under s.19(1) ATIA
• Whether CSC reasonably exercised its discretion under s.19(2) ATIA to disclose information