Canadian Privacy Decisions

The complainant alleged that the Public Health Agency of Canada (PHAC) did not conduct a reasonable search for records related to masks, requested under the Access to Information Act. PHAC initially stated no records existed as an employee deleted their entire email mailbox. During the investigation, PHAC conducted additional searches and found responsive records. The Commissioner found the complaints to be well-founded due to the initial inadequate search.

• Reasonableness of the search conducted by the institution
• Disposition of electronic records by an employee
• Institution's obligation to search beyond the employee's direct records
• Information management practices of the institution

The complainant alleged that Public Safety Canada's 240-day extension to respond to an access request was unreasonable. The request was for correspondence between Public Safety and the RCMP in May 2022. Public Safety could not justify the lengthy extension, as the volume of records was not large and the RCMP's consultation timeline was based on service standards rather than record complexity. The Information Commissioner found the extension invalid, deeming the delay a refusal of access.

• Reasonableness of time extension under subsection 9(1) of the ATIA
• Definition of 'large number of records' under paragraph 9(1)(a)
• Justification for consultation delays under paragraph 9(1)(b)
• Timeliness of institution's response