Royal Canadian Mounted Police (Re), 2024 OIC 45
Date: 2024-07-17
OIC file number: 5823-04529
Access request number: A-2023-11424
Summary
The complainant alleged that the Royal Canadian Mounted Police (RCMP) had improperly withheld information under subsection 24(1) (disclosure restricted by another law) of the Access to Information Act in response to an access request. The request was for the complainant’s own deoxyribonucleic acid (DNA) profile generated from a biological sample provided to the RCMP. The allegation falls within paragraph 30(1)(a) of the Act. The RCMP showed that it met all of the requirements of this exemption. Specifically, section 6.6 of the DNA Identification Act prohibits the disclosure of the requested information.
The complaint is not well founded.
Complaint
[1] The complainant alleged that the Royal Canadian Mounted Police (RCMP) had improperly withheld information under subsection 24(1) (disclosure restricted by another law) of the Access to Information Act in response to an access request. The request was for the complainant’s own deoxyribonucleic acid (DNA) profile generated from a biological sample provided to the RCMP. The allegation falls under paragraph 30(1)(a) of the Act.
Investigation
[2] When an institution withholds information under an exemption, it bears the burden of showing that refusing to grant access is justified.
Subsection 24(1): disclosure restricted by another law
[3] Subsection 24(1) requires institutions to refuse to disclose information the disclosure of which is restricted by a provision set out in Schedule II of the Access to Information Act.
Does the information meet the requirements of the exemption?
[4] In the present instance, the RCMP applied subsection 24(1) pursuant to Section 6.6 of the DNA Identification Act, to withhold the information in its entirety.
Section 6.6: Subject to sections 6 to 6.5, no person shall communicate any information that is contained in the DNA data bank or allow the information to be communicated.
[5] The DNA Identification Act is listed in Schedule II of the Access to Information Act.
[6] Per subsection 5(1) of the DNA Identification Act, the national DNA data bank houses the DNA profiles of individuals convicted of a federal offence who produce a biological sample pursuant to court order, and is maintained by the Commissioner of the RCMP.
[7] Sections 6 to 6.5 of the DNA Identification Act outline specific and limited circumstances in which the Commissioner of the RCMP may communicate information from the national DNA data bank, such as in the case of DNA profile matches and the investigation of criminal offences or cases of missing persons. A request made under the Access to Information Act is not one of the specified circumstances allowing for the communication of information in the national DNA data bank.
[8] I conclude that the information meets the requirements of subsection 24(1) of the Act as the DNA Identification Act prohibits the disclosure of the requested information – the complainant’s DNA profile.
Outcome
[9] The complaint is not well founded.
Review by Federal Court
When an allegation in a complaint falls under paragraph 30(1)(a), (b), (c), (d), (d.1) or (e) of the Act, the complainant has the right to apply to the Federal Court for a review. The complainant must apply for this review within 35 business days after the date of this report and must serve a copy of the application for review to the relevant parties, as per section 43.