Canadian privacy & access decisions

The complainant alleged that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) did not conduct a reasonable search for records related to the funding and fiscal management of the Assembly of First Nations from the Deputy Minister's Office. The investigation revealed deficiencies in CIRNAC's search efforts, indicating that not all likely locations for records were searched. The Information Commissioner found the complaint well-founded and ordered CIRNAC to conduct a new search and provide a response to the complainant.

• Definition of a reasonable search
• Completeness of search efforts across different sectors
• Accessibility of records due to system changes
• Evidence of record existence despite limited disclosure

The complainant alleged that the Canada Border Services Agency (CBSA) did not conduct a reasonable search for records related to companies that worked on the ArriveCAN application. Specifically, the complainant questioned the absence of text messages in the provided records. The OIC investigated CBSA's search process and policies regarding text message management. The Information Commissioner concluded that CBSA's search was reasonable, as text messages are often considered transitory and are not retained if business value is captured in other formats, aligning with Treasury Board Secretariat guidance. Therefore, the complaint was found not to be well founded.

• Reasonableness of the search conducted by the CBSA
• Whether text messages related to the ArriveCAN application were properly searched for and provided
• CBSA's policies and practices regarding the management of transitory records, including text messages