The complainant alleged that the Privy Council Office (PCO) had improperly withheld information under subsection 13(1) (confidential information from government bodies), subsection 15(1) (international affairs or national security or defence), paragraph 16(1)(c) (law enforcement or conduct of investigations), subsection 19(1) (personal information), and subsection 24(1) (disclosure restricted by another law) of the Access to Information Act. This was in response to an access request for minutes of the Joint Intelligence Committee between January 1, 1984, and December 31, 1985.

PCO did not demonstrate that all redacted information met the requirements of subsection 13(1), subsection 15(1), paragraph 16(1)(c), or subsection 19(1). Regarding the application of subsection 19(1), the Office of the Information Commissioner consulted with the Office of the Privacy Commissioner, who concurred that the exemption had not been properly applied.

The Information Commissioner ordered PCO to disclose all information exempt under subsection 13(1), subsection 15(1), paragraph 16(1)(c), and some information under subsection 19(1). PCO did not give the proper notice required under paragraph 37(1)(c) as to whether they would or would not be implementing the Information Commissioner’s orders; instead, PCO submitted new arguments for withholding the information at issue. The Information Commissioner outlined that the investigation was concluded, and the issuance of her initial report and intended order under subsection 37(1) was not a further opportunity for PCO to provide new arguments or raise additional grounds for refusing access.

The complaint is well founded.