Canadian privacy & access decisions

The complainant alleged that Correctional Service Canada (CSC) improperly withheld information under subsection 19(1) of the Access to Information Act, concerning an inmate's carceral file. The OIC investigation found that CSC had not retrieved or processed the records before applying the exemption, thus failing to properly exercise its jurisdiction. CSC argued that carceral files are inherently personal information and that retrieving them posed a privacy threat. The Commissioner determined that without reviewing the records, CSC could not legitimately claim the information met the criteria for personal information under s.19(1) or properly consider the discretionary release provisions of s.19(2). CSC subsequently reversed its position and agreed to retrieve and process the records. The complaint was found to be well founded, and CSC committed to implementing the Commissioner's recommendations.

• Whether Correctional Service Canada properly applied s.19(1) ATIA without retrieving or processing the records
• Whether the information met the criteria for personal information under s.19(1) ATIA without a review of the records
• Whether Correctional Service Canada properly exercised its discretion under s.19(2) ATIA without reviewing the records
• Whether Correctional Service Canada met its obligations under s.25 ATIA regarding severance