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 records in the following files (listed on page 173 of release A-2020-00042): - A220 Committees – General File 168 - Assessment Review Group (ARG) - A220 Committees – General File 168-1 - General - A220 Committees – General File 168-16 - ARG Record of Decision - A220 Committees – General File 168-17 – ARG Notes. 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 neither the review of records nor the developing of consultation packages to be sent the relevant institutions occurring in a timely manner.

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.

Institution
Communications Security Establishment Canada
Section of the Act
30(1)(a)
Decision Type
Order
Final report
Date modified:
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