Decisions

In August 2012, the Information Commissioner launched a systemic investigation into the use and preservation of non-email, text-based messages on government-issued wireless devices. The decision to launch this investigation was, in part, the result of a complaint against Indian and Northern Affairs Canada (now Aboriginal Affairs and Northern Development Canada). In that case, the complainant had received an email in which one government official asked another to use a “pin” instead of email to communicate. When we investigated the complaint, we were informed that, prior to receiving the request for information, the relevant BlackBerrys had been replaced and subsequently destroyed. Thus, any information that might have existed and fallen within the scope of the access request was permanently lost.

Based on this complaint, as well as an increasing number of complaints related to missing records and “pins,” the Commissioner determined that there were reasonable grounds to self-initiate a complaint in order to investigate the impact of instant messaging, including PINs, on the right of access to information in Canada. The investigation focused on 11 institutions.