Uncovering The State’s Surveillance Capabilities

Ontario Information and Privacy Commissioner

Tribunal Summary: The appellant submitted a request to the Durham Regional Police Services Board (the police) under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for records related to the police's use of the international mobile subscriber identity (IMSI) device, also known as cell site simulator or Stingray technology. Citing section 8(3) of the Act, the police refused to confirm or deny the existence of responsive records. The appellant appealed. The adjudicator finds that the police failed to establish that disclosing the existence or nonexistence of records responsive to the request would reveal information that would itself convey information that is exempt from disclosure under sections 8(1) or (2) the Act. The police are ordered to issue an access decision in response to the request, without relying on section 8(3).

January 16, 2020

6 pages.

Ontario Information and Privacy Commissioner

Order MO-3887; Durham Regional Police Services Board (Re), [2020] O.I.P.C. No. 9.pdf

Order MO-3887; Durham Regional Police Services Board (Re), [2020] O.I.P.C. No. 9.pdf