In a recent decision of the Ontario Information and Privacy Commissioner we have some guidance on what the Commissioner will consider to be a reasonable search for responsive records. In Order MO-2948 involving the City of Ottawa, one of the issues on appeal was whether the City conducted a reasonable search for responsive records. On the appeal, the adjudicator found that she has to be, "satisfied that the search carried out was reasonable in the circumstances." If she is not satisfied, she may order further searches. The criteria? "A reasonable search is one in which an experienced employee knowledgeable in the subject matter of the request expends a reasonable effort to locate records which are reasonably related to the request." The adjudicator confirmed that an institution does not have to demonstrate "with absolute certainty" that further records do not exist.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
