The complainant alleged that the Canadian Security Intelligence Service (CSIS) when responding to a request under the Access to Information Act, failed to sufficiently identify which portions of the requested records have been redacted and on what basis specific information has been withheld. The request was for historical information about Warren Hart and his activities/services in Canada that were contracted by a government institution.

The investigation determined that CSIS used negative (white) redactions to sever portions of the requested records based on exceptions to the right of access, and, did not specify on the records at issue what portions of the records were being withheld under which exemption claimed.

CSIS claimed that marking where information was redacted and on what basis specific information has been withheld could itself result in harm.

The Information Commissioner concluded that CSIS failed to provide any cogent explanation of how the use of clearly marked redactions and exemptions on the records at issue could possibly reveal or enable anyone to decipher information that would warrant protection under the Access to Information Act.

The Commissioner recommended that CSIS: provide a new response to the complainant that clearly identifies which portions of the records are withheld and cite, for each portion, the specific provision(s) of Part 1 of the Access to Information Act under which they are redacted; cease the use of negative (white) redactions; and, cease routinely citing the specific exemptions only in response letters, with the latter two recommendations being in accordance with the Treasury Board Secretariat’s Directive on Access to Information.

CSIS gave notice to the Commissioner that it would be implementing the recommendations.

The complaint is well founded.