The complainant alleged that Communications Security Establishment Canada (CSE) did not respond to an access request submitted under the Access to Information Act within the 30-day period, as required by section 7. The request was for the records in the following files (listed on page 181 of release A-2020-00042): - A220 Committees – General File 280 - Intelligence Assessment Committee - A220 Committees – General File 280-1 – General. The allegation falls under paragraph 30(1)(a) of the Act.
The investigation determined CSE did not respond by the required date and is deemed to have refused access to the requested records under subsection 10(3). The delay was caused by both the records not being processed in a timely manner and delays in sending consultation packages to the relevant institutions.
The Information Commissioner ordered that CSE provide a response to the access request no later than the 72nd business day following the date of the final report.
CSE gave notice to the Commissioner that it would not be implementing the order and would instead apply for a review by the Federal Court.
The complaint is well founded.