Complaint: National Defence refused to disclose a list of personal grooming items found in the possession of Afghan detainees, claiming that doing so would threaten national security (section 15). The institution also withheld information under section 19 and, later, section 17 to protect the safety of military personnel.

Investigation: The OIC agreed with National Defence’s decision to withhold the detainees’ names and assigned numbers as personal information, and also to withhold that information and the names of the Canadian Forces members identified on the list to protect their safety and that of their families. Throughout the investigation, National Defence stood firm in its position not to release the list of grooming items.

Outcome: In response to a formal recommendation from the Commissioner, National Defence released not only the list but also information relating to military personnel, since disclosure would no longer constitute a threat to them.

Information Commissioner’s position:

• Institutions should not apply section 15 broadly as their default response to requests that touch on national security issues (or even those only tangentially related).
• Institutions have a responsibility to exercise their discretion carefully, and to sever and release information that cannot be legitimately withheld under the Act.