The Office of the Yukon Information and Privacy Commissioner ('IPC') published, on 19 January 2022, its investigation report in case No. ATP-ADJ-2021-07-081, as issued on 3 December 2021, in which it addressed some recommendations to the Canada Department of Justice ('DoJ') for violations regarding the right of access to records obtained by the DoJ, and following the complaint of an individual under the Access to Information and Protection of Privacy Act, RSY 2002 c 1('ATIPPA').

Background to the case

In particular, the IPC detailed that, in April 2021, the complainant made a request to the DoJ for all records from January through June of 2019, in respect of an investigation into the complainant. The IPC further outlined that the DoJ provided the complainant with partial access to some of the records, claiming that it was authorised to withhold this information by several subsections of ATIPPA, which allowed the DoJ to not disclose certain information in order to protect law enforcement and investigations, or the life or safety of a law enforcement officer. Moreover, the DoJ also cited Section 70 of ATIPPA, which requires a public body to withhold personal information which they determine would be an unreasonable invasion of a third party's privacy. In this context, the complainant brought the matter to the IPC, saying that greater disclosure could have been provided while still complying with ATIPPA's prohibitions.

Findings of the IPC

Further to the above, the IPC started an investigation which concluded that disclosing the requested records would not interfere with law enforcement, or threaten the safety or lives of law enforcement officers, and therefore recommended that the DoJ provide all the information to the complainant, except for the personal information of third parties.

Outcomes    

Finally, the IPC issued its investigation report and released the aforementioned recommendations to the DoJ, and the DoJ partially accepted the recommendations while still refusing to provide access to certain specific information which could hinder a current DoJ investigation and information about third parties. 

You can read the press release here and the investigation report here.