Canadian Privacy Decisions

The complainant alleged that the Department of Justice Canada (Justice) took an unreasonable 2,280 days to respond to an access request. Justice claimed an extension under paragraphs 9(1)(a) and 9(1)(b) of the Access to Information Act due to the large volume and complexity of records and the need for consultations. The Information Commissioner found that while the volume of records and the need for consultations were valid reasons for an extension, Justice failed to sufficiently justify the length of the extension claimed under paragraph 9(1)(a). Therefore, the complaint was found to be well-founded, and the Commissioner ordered Justice to provide a final response forthwith.

• Reasonableness of time extension claimed due to volume of records (s. 9(1)(a) ATIA)
• Reasonableness of time extension claimed for consultations (s. 9(1)(b) ATIA)
• Justification for the duration of specific processing steps
• Failure to demonstrate the reasonableness of the claimed extension period

The Information Commissioner initiated a systemic investigation into Library and Archives Canada's (LAC) delayed responses to access requests. The investigation found that nearly 80% of requests completed by LAC during the period under review did not meet legislative deadlines. The Commissioner made ten recommendations to the Minister of Canadian Heritage to address the systemic issues causing these delays, which include problems with inter-institutional consultations, lack of a declassification framework, insufficient infrastructure for processing classified records, and inadequate ATIP resources.

• LAC's failure to respond to access requests within legislative timeframes.
• Excessive delays caused by inter-institutional consultations.
• Lack of infrastructure and processes for handling classified records.
• Insufficient resources and funding for LAC's Access to Information and Privacy (ATIP) office.