Canadian privacy & access decisions

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under subsections 13(1) and 15(1) of the Access to Information Act concerning submarine operations in the Arctic. LAC initially released some information but maintained that the remaining records were justifiably withheld. The Information Commissioner found that LAC failed to demonstrate that the information was obtained in confidence, as required by subsection 13(1), lacking evidence of an expectation of confidentiality. Furthermore, the Commissioner determined that LAC did not provide convincing evidence that the disclosure of the information, much of which was historical and publicly available, could reasonably be expected to harm national security or defence, as required by subsection 15(1). Consequently, the Commissioner concluded that the complaint was well founded and recommended full disclosure. However, LAC notified the Commissioner that it would not implement the recommendation.

• Whether the information was obtained in confidence from a specified government body under s.13(1) ATIA
• Whether there was a reasonable expectation of harm to national security or defence from disclosure under s.15(1) ATIA
• Whether the institution reasonably exercised its discretion under s.13(2) ATIA
• Whether the institution reasonably exercised its discretion under s.15(1) ATIA