Canadian privacy & access decisions

The Information Commissioner initiated a systemic investigation into the Canada Border Services Agency's (CBSA) handling of access to information requests related to the ArriveCAN application. The investigation focused on the completeness and timeliness of responses. While allegations of permanent destruction of emails were not substantiated, the investigation revealed that the ArriveCAN project team used the communication platform Slack, which was permanently deleted in May 2023 without consultation with the ATIP unit or content review. This led to a finding that the CBSA failed to conduct reasonable searches for six ArriveCAN-related access requests, as Slack was not searched despite likely containing responsive records. The investigation also identified broader weaknesses in information management, including the use of non-government email accounts and insufficient governance over third-party tools. Although the CBSA failed to meet legislated timelines for some ArriveCAN requests, no unique timeliness concerns specific to the initiative were identified. The complaint was found to be well-founded, and the CBSA accepted the Commissioner's recommendations for corrective measures.

• Whether the Canada Border Services Agency conducted reasonable searches for records related to ArriveCAN access requests
• Whether the deletion of the ArriveCAN Slack workspace impacted the completeness of responses to access requests
• Whether the Canada Border Services Agency's information management practices were adequate for access to information purposes
• Whether the Canada Border Services Agency responded to ArriveCAN-related access requests within legislated timelines