Canadian Privacy Decisions

The complainant alleged that the Privy Council Office (PCO) improperly withheld records from 1966 under exemptions related to confidential government information and international affairs/national security. The Information Commissioner found that PCO failed to justify withholding the information under these exemptions. PCO stated it would disclose most records but refused to implement the Commissioner's recommendation to release all withheld information, leading to a 'well-founded' decision.

• Proper application of subsection 13(1) ATIA (confidential information from government bodies)
• Proper application of subsection 15(1) ATIA (international affairs, national security, defence)
• Burden of proof on the institution to justify exemptions
• Reasonable expectation of harm from disclosure

The complainant alleged that the Privy Council Office (PCO) improperly withheld records from 1981 under access to information exemptions related to confidential information from government bodies and international affairs/national security. PCO initially withheld information but later stated it would disclose most of it, except for specific categories. The Information Commissioner found that PCO had not properly applied the exemptions and recommended disclosure of all information. However, PCO indicated it would not implement the recommendation.

• Whether information regarding liaison officers' titles was obtained in confidence under subsection 13(1) of the ATIA.
• Whether the disclosure of various records, including liaison officer titles, distribution markings, CSE employee names, and intelligence report titles, could reasonably be expected to harm international affairs, national security, or defence under subsection 15(1) of the ATIA.
• Whether PCO properly exercised its discretion in withholding information under subsections 13(1) and 15(1) of the ATIA.
• PCO's refusal to implement the Commissioner's recommendations.

The complainant alleged that the Privy Council Office (PCO) improperly withheld records from 1959 under exemptions related to confidential information from government bodies and international affairs. PCO initially withheld information but later agreed to disclose most of it, continuing to withhold specific details like Liaison Officers' titles and dissemination markings. The Information Commissioner found that PCO did not properly apply the exemptions and recommended full disclosure, except for Liaison Officers' titles. PCO indicated it would not implement the recommendation.

• Proper application of subsection 13(1) (confidential information from government bodies)
• Proper application of subsection 15(1) (international affairs, national security, defence)
• Whether disclosure would cause reasonable expectation of harm
• PCO's exercise of discretion in withholding information

The complainant alleged that the Privy Council Office (PCO) improperly withheld information regarding Minutes of the Intelligence Advisory Committee from 1979, citing exemptions related to confidential government information and international affairs. Although PCO agreed to release some information during the investigation, it continued to withhold other details. The Information Commissioner found that PCO failed to properly justify the continued withholding of information under subsections 13(1) and 15(1) of the Access to Information Act. The Commissioner recommended full disclosure, but PCO stated it would not implement this recommendation.

• Proper application of subsection 13(1) ATIA (confidential information from government bodies)
• Proper application of subsection 15(1) ATIA (international affairs, national security, defence)
• PCO's justification for withholding titles of Liaison Officers and CSE employees
• PCO's justification for withholding distribution markings and intelligence report titles

The complainant alleged that the Privy Council Office (PCO) improperly withheld historical records from 1982-1983 regarding the Intelligence Advisory Committee under exemptions related to confidential information from government bodies and international affairs/national security. While PCO agreed to release some information during the investigation, the Information Commissioner found that the remaining withheld information did not meet the requirements for these exemptions. The Commissioner recommended disclosure, but PCO stated it would not implement the recommendation.

• Whether information concerning Liaison Officer titles was obtained in confidence under s.13(1) ATIA
• Whether disclosure of Liaison Officer titles, dissemination markings, CSE employee names, and report titles would cause harm under s.15(1) ATIA
• Whether PCO reasonably exercised its discretion to withhold information
• Whether PCO's stated reasons for withholding information were speculative and not supported by evidence of probable harm

The complainant alleged that the Privy Council Office (PCO) improperly withheld information under sections 13(1) and 15(1) of the Access to Information Act. The request was for Minutes of the Joint Intelligence Committee from 1963. The Information Commissioner found that the exemptions were not properly applied to the withheld information and recommended disclosure. PCO indicated it would not implement the recommendation.

• Whether PCO properly applied subsection 13(1) (confidential information from government bodies).
• Whether PCO properly applied subsection 15(1) (international affairs, national security, defence).
• Whether the exemptions claimed by PCO were justified given the age of the records and previous disclosures.
• PCO's decision not to implement the Commissioner's recommendations.