Canadian privacy & access decisions

The complainant alleged that National Defence (DND) improperly withheld information under the Access to Information Act's personal information exemption and failed to conduct a reasonable search. DND conceded it had not always properly applied the exemption and provided supplementary disclosure. The Information Commissioner found that while the remaining withheld information met the exemption criteria, DND's initial search was not reasonable as it failed to pursue all avenues to locate responsive records, including those lost due to poor information management practices. The Commissioner recommended improved training on information management.

• Proper application of the personal information exemption (section 19(1) ATIA)
• Reasonableness of the search conducted by the institution
• Adequacy of information management practices
• Burden of proof for withholding information