Decisions

An institution made an application to the Information Commissioner for approval to decline to act on an access request under subsection 6.1(1) of the Access to Information Act.

The institution explained that, in response to a request not made under the Act (the “informal request”), it had already disclosed to the same requester some of the information sought in an access request (the “formal request”).

The institution sought the Commissioner’s approval to exclude the informally released records from the scope of the formal access request.

An institution made an application to the Information Commissioner for approval to decline to act on an access request under subsection 6.1(1) of the Access to Information Act. The institution alleged that the access request is vexatious, is an abuse of the right to make a request and is in bad faith.

The institution explained that the requester is a former employee who was dismissed. Since this time, the requester has pursued other proceedings in relation to the termination. The requester has also submitted over a dozen requests under the Act and Privacy Act over a one-year period.

An institution made an application to the Information Commissioner for approval to decline to act on an access request under subsection 6.1(1) of the Access to Information Act. The institution alleged that the access request is vexatious, is an abuse of the right to make a request and is in bad faith.

The institution explained that the requester is a former employee who was dismissed. Since this time, the requester has pursued other proceedings in relation to the termination. The requester has also submitted over a dozen requests under the Act and Privacy Act over a one-year period.

On March 27, 2013, former Information Commissioner Suzanne Legault commenced a systemic investigation into a complaint submitted by the Environmental Law Clinic at the University of Victoria and Democracy Watch. This investigation concluded on February 28, 2018.

In 2015–2016, the Commissioner completed a systemic investigation into Parks Canada’s approach to processing access requests. This investigation illustrates how collaborating with the Commissioner during her investigation can result in positive systemic changes for access rights.

The request at the basis of the complaint was made to the RCMP on March 27, 2012, before the coming into force of the Ending the Long-gun Registry Act. It requested access to the Firearms Registry database.

The requester filed a complaint with the Office of the Information Commissioner after receiving a response from the RCMP alleging that:

1. That the information provided was incomplete (missing both columns and registrations);
2. That the RCMP did not justify the incomplete response;
3. That by destroying the responsive records, the RCMP obstructed his right of access, pursuant to section 67.1 of the Act.

Pursuant to section 39 of the Access to Information Act, the Information Commissioner is reporting her findings in relation to her self-initiated investigation into the processing of eight access to information or consultation requests received by Public Works and Government Services Canada (PWGSC) between July 22, 2008, and January 19, 2010. This investigation concerned the possibility of interference in the processing of these requests.

In August 2012, the Information Commissioner launched a systemic investigation into the use and preservation of non-email, text-based messages on government-issued wireless devices. The decision to launch this investigation was, in part, the result of a complaint against Indian and Northern Affairs Canada (now Aboriginal Affairs and Northern Development Canada). In that case, the complainant had received an email in which one government official asked another to use a “pin” instead of email to communicate. When we investigated the complaint, we were informed that, prior to receiving the request for information, the relevant BlackBerrys had been replaced and subsequently destroyed. Thus, any information that might have existed and fallen within the scope of the access request was permanently lost.

Based on this complaint, as well as an increasing number of complaints related to missing records and “pins,” the Commissioner determined that there were reasonable grounds to self-initiate a complaint in order to investigate the impact of instant messaging, including PINs, on the right of access to information in Canada. The investigation focused on 11 institutions.