Our investigations are confidential, but the Commissioner may issue a public report if the matter is formally investigated and of public interest.
Formal investigations are relatively infrequent, and most complaints are resolved using our informal complaint resolution process. While we do not issue reports on complaints resolved informally, examples of this work can be read in Your Stories and in our annual reports. The following reports resulted from formal investigations.
Sectional Index - search our reports and find how our office has interpreted specific sections of the Access to Information and Protection of Privacy Act and the Health Information Privacy and Management Act.
| Date Sort ascending | Name | Public body/Health custodian | Type |
|---|---|---|---|
Annual Report / Rapport annuel |
annual report/rapport annuel | ||
Does a public body have authority to grant a time extension after missing the response deadline?ATP13-037AR
The IPC found the Records Manager of the Department did not have authority to decide to extend the time to respond after the deadline to respond had passed and subsection 49 (2) had come into effect. Based on this finding, she found further that she had jurisdiction to conduct a review under paragraph 48 (1)(a). In conducting the review, the IPC found that the Department had no authority under sections 24 or 25 to refuse access to the records or part thereof requested by the Applicant and recommended the Public Body give the Applicant these records.
|
Department of Community Services | inquiry (ATIPPA 2012) | |
Incomplete reponses to an information request impact decision makingATP14-071Al; ATP14-019Al
On February 28, 2014, the Information and Privacy Commissioner (IPC) received two complaints from the Complainant in relation to two letters of response she received from the Records Manager to her ATIPP Requests #A-5120 and #A-5148 (Access Requests). In her complaint, the Complainant identified that she was unable to determine from the Responses and records received:
*if complete records or information from records was withheld,
*what records or information was withheld pursuant to subsection 25 (1),
*why subsection 25 (1) applies to the records or information withheld, and
*why these records or information was withheld.
|
Public Service Commission | investigation report | |
Annual Report / Rapport annuel |
annual report/rapport annuel | ||
Materials related to a land dispositionATP11-029AR
The Applicant made a request under the Access to Information Protection of Privacy Act to the Department for access to all communications resulting from a letter written to the Minister of Energy Mines and Resources about a specific land disposition. The Department provided some of the records in their entirety but severed information in others citing the solicitor client privilege exception under section 18 (a) of the Act for the severing.
|
Department of Energy, Mines and Resources | inquiry (ATIPPA 2012) | |
Request for materials related to segregation reviews at the Whitehorse Correctional CentreATP12-037AR
Having decided that a response of "no record found" is not a decision under the Act to refuse to give access, then the conclusion in this case must be that there has not been a refusal by the Public Body to grant access to records. This begs the question of what an applicant can do if he or she feels the Public Body has not been diligent in its search or is not credible in saying a record cannot be found.
|
Department of Justice | investigation report | |
Time extension requestATP13-001AR
IPC exercises discretionary power to extend response deadline.
|
Department of Justice | inquiry (ATIPPA 2012) | |
Annual Report / Rapport annuel |
annual report/rapport annuel | ||
Request for authorization to disregard access requestsATP12-031.pdf
The department requested authorization to disregard an applicant's pending and future requests, as well as the authorization to disregard similar access requests from any inmate in the future.
|
Department of Justice | inquiry (ATIPPA 2012) | |
When is a public body required to refuse access to severed information in requested materials?ATP10-033AR
While one of the purposes of the ATIPP Act is to shed light on the operations of government, section 24(1) serves to limit disclosure of confidential business information of third parties that could be exploited by a competitor in the market place.
|
Public Service Commission | inquiry (ATIPPA 2012) |