Access to information - be as informed as possible

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You can request records from any government institution for $5 per request. You can request anything related to your personal information for free by following the same process just through the personal information request path. This means any emails, products, or correspondence of any type that has your name in it is a personal request and is free of charge to request. Create an online ATIP account - GC Key is one of the best ways while also pairing it with an authenticator app on your personal device. The dashboard is great to review your requets.

1. Your information request needs to be for a specific subject and not a broad spectrum approach. Casting a broad fishing net will more than likely end up with the organization you submitted for petitioning the commissioner to deny the request;

2. Identify the specifics of where you think the information is held for example: DND, CAF, (Army, Navy, Airforce, etc..), unit name, etc...;

3. Identify the specific persons involved with the record - who may have been involved in discussing the record, producing the record, holding the record, or transferring the record;

4. Identify the types of products you are looking for, as an example - "all emails, excel spreadsheets, and memo's related to - (insert subject)";

5. Try to be as accurate about the timeline as possible to help the DAIP (or other organization) recover the record in an efficient and timely manner- as an example "all emails between (insert person) and (insert person) reference (subject) from 1 Oct xx to 1 Nov xx"

All ATIP requests for DND go to an organization called the Directorate Access to Information Privacy (DAIP) . They then administer the request and if the request is deemed within scope of the lawful policy of the Privacy Act the records are requested from the organization (such as the CAF). These records might not be provided in their whole original form. Some information may be redacted. There is potential that your request for information is denied entirely.

You also may run into issues where DAIP or whichever organization, is taking months to provide the information you have requested and is not meeting their own policy requirements by informing you of the lateness or simply by not providing the record on time, or maybe even by denying you access to the record. In that case you can submit a complaint - it takes 5 minutes to submit, you will need the file number from your ATIP submission. It is worth it to submit the complaint if you have the supporting reference from the Act. See below to submit a complaint.

Click the link below to head to the ICC page where you can submit a complaint and even look up previous decisions. This doesn't take long. Ensure that you have all of your references to support your complaint including from the Privacy Act to substantiate your claim that the information should be released to you. See below for more info.

The office of the privacy commissioner will work with you if organizations are not being objective in the execution of their mandate and are not providing information that is not protected by the Privacy Act.

The Privacy Act is available with a click of the button below. Section 19 of the Act is the most common reference that is used to deny access to  information. One useful reference is Section 69 where if the information is publicly available than the act does not apply to it.

Act does not apply to certain materials

• 69 (1) This Act does not apply to
  • (a) library or museum material preserved solely for public reference or exhibition purposes; or
  • (b) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of History, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions.
• Marginal note:Sections 7 and 8 do not apply to certain information
  (2) Sections 7 and 8 do not apply to personal information that is publicly available.

Check your ATIP dashboard to see the progress of your requests. You can send messages by clicking on your request and then fill out the message form - you can add data, add supporting documentation, request an update, cancel a request etc.. they will respond that they have received your message. Generally you'll get an email from the person who has been assigned your case within 48-72 hrs with updates/comments on your message.