Canadian Privacy Decisions

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information under subsection 15(1) (national security) and subsection 19(1) (personal information) of the Access to Information Act. The request was for information concerning Soviet Bloc deception practices. LAC initially withheld the entire record but later released some information, continuing to withhold portions under subsection 15(1). The Information Commissioner found that LAC failed to demonstrate that the withheld information met the requirements of the exemption, noting that much of the subject matter was already in the public domain. The Commissioner recommended full disclosure, but LAC stated it would not implement the recommendation.

• Application of subsection 15(1) (national security) exemption
• Availability of information in the public domain
• LAC's failure to demonstrate potential harm from disclosure

The complainant alleged that National Defence (DND) failed to conduct a complete search for the Official Radio Log Book of the HMCS Shawinigan. DND tasked the Royal Canadian Navy (RCN) with retrieving the records, but the RCN reported them as lost. Despite a "Summary Investigation" by DND, the circumstances of the loss could not be determined. Ultimately, the Information Commissioner found that DND conducted reasonable searches and could not conclude that responsive records could reasonably be found, rendering the complaint not well founded.

• Reasonableness of the search conducted by National Defence
• Determination of the loss of records
• Impact of records management deficiencies on the right of access

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information regarding a 1989 RCMP Security Service briefing on Hugh George Hambleton, citing national security exemptions. The Information Commissioner found that much of the information was already in the public domain, including details of Hambleton's espionage activities and parliamentary discussions. LAC failed to prove that disclosing the remaining information would reasonably be expected to cause harm, making the complaint well-founded.

• Whether the withheld information met the criteria for the national security exemption under subsection 15(1) of the ATIA.
• Whether the institution met its burden of proof to demonstrate potential harm from disclosure.
• The impact of publicly available information on the claim of a national security exemption.

The complainant alleged that the Canadian Security Intelligence Service (CSIS) failed to respond to an access request within the statutory time limits. CSIS initially claimed a 240-day time extension, which the OIC found to be valid. However, CSIS ultimately failed to respond by the extended deadline, leading to the complainant filing a second complaint. The OIC found the complaint to be well-founded due to CSIS's prolonged delay and failure to provide adequate explanations.

• Failure to respond within statutory time limits
• Validity of claimed time extension
• Deemed refusal of access under subsection 10(3)
• Adequacy of reasons for delay

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld GPS coordinates of an RCMP vehicle and records of payments. The investigation focused on the GPS coordinates, which the RCMP claimed were exempt under paragraph 16(1)(c) and subsection 16(2) of the Access to Information Act. The Information Commissioner found that the RCMP failed to demonstrate that disclosing the 30-minute GPS data from four years prior met the exemption criteria or that its discretion to withhold was reasonably exercised. Consequently, the complaint was found to be well founded.

• Applicability of paragraph 16(1)(c) to GPS coordinates
• Applicability of subsection 16(2) to GPS coordinates
• Reasonableness of discretion to withhold information
• Timeliness and specificity of the withheld information