Decisions

The complainant alleged that National Defence (DND), when responding to a request under the Access to Information Act, had improperly withheld information under subsections 15(1) [international affairs and national security] and 19(1) [personal information].  The request was for historical information regarding the Intelligence Advisory Committee.

The investigation determined that the withheld information did not meet the requirements of both subsections 15(1) and 19(1). As a result, the institution undertook a re-review of the exemptions and undertook two (2) separate supplementary responses in which additional information, previously withheld, was disclosed to the complainant.

Following the institution’s second supplementary response, the complainant narrowed the scope of their complaint to only the institution’s reliance on subsection 15(1) on several specific pages of responsive records.

The institution has subsequently proposed a third supplementary response to the complainant in which they have agreed to disclose additional information previously withheld, however, portions would still remain exempt pursuant to subsection 15(1).

The Information Commissioner concluded that the remaining withheld information does not meet the requirements of subsection 15(1), particularly with regard to the issue of harm since the injury that may result in disclosing the information is not apparent.

The Commissioner recommended that DND disclose all of the information that remains withheld under subsection 15(1).

The institution gave notice to the Commissioner that it would not be implementing her recommendation.

The complaint is well-founded.