Canadian Privacy Decisions

The complainant alleged that Library and Archives Canada (LAC) took an unreasonably long extension of time to respond to a request for RCMP records concerning Project Anecdote. LAC claimed an extension of over 65 years, citing the large volume of records (780,000 pages) requiring digitization and review, as well as consultations. The Information Commissioner found that LAC failed to demonstrate the reasonableness of the extension, as it did not justify the calculation method, the sole reliance on one employee, or the concurrent nature of tasks. Therefore, the extension was deemed invalid and LAC was considered to have refused access.

• Reasonableness of time extension under subsection 9(1)(a) due to volume of records
• Reasonableness of time extension under subsection 9(1)(b) due to consultations
• Calculation of extension based on specific tasks and resources
• LAC's failure to demonstrate that the extension was for the shortest possible duration

An institution applied to the Information Commissioner for approval to decline processing an access request, arguing it was an abuse of the right of access. The Commissioner agreed, finding that the institution had demonstrated the request was an abuse of access rights and that declining to act was warranted. Consequently, the application was granted.

• Whether the access request constituted an abuse of the right of access.