Canadian privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) improperly withheld information from Minutes of the Intelligence Advisory Committee from 1989, citing subsections 13(1), 15(1), and paragraph 21(1)(b) of the Access to Information Act. During the investigation, PCO agreed to cease reliance on paragraph 21(1)(b) and committed to disclosing much of the previously withheld information, but continued to withhold specific categories under subsections 13(1) and 15(1). The Information Commissioner found that PCO failed to demonstrate that the remaining withheld information met the requirements of either subsection 13(1) or 15(1), noting a lack of evidence for confidentiality or reasonable expectation of harm. The Commissioner recommended full disclosure of the contested information. However, PCO notified the Commissioner that it would not implement the recommendation, stating it would release a high percentage of the information after further interdepartmental consultations, but not the entirety.

• Whether s.13(1) ATIA applied to titles of Liaison Officers from other countries
• Whether s.13(1) ATIA applied to information regarding visits of Intelligence Community members from other countries
• Whether s.15(1) ATIA applied to titles of Liaison Officers from other countries
• Whether s.15(1) ATIA applied to distribution markings of classified reports
• Whether s.15(1) ATIA applied to names of Communications Security Establishment (CSE) employees
• Whether s.15(1) ATIA applied to certain Intelligence Report titles
• Whether PCO reasonably exercised its discretion under s.13(2) ATIA
• Whether PCO reasonably exercised its discretion under s.15(1) ATIA