Office of the Privacy Commissioner of Canada
A file number for the complaint against the Canada Border Services Agency (fax of 28 September, supplement of 5 October).
The letter ·
Supplementary submission — Privacy Act complaint against CBSA, request P-2026-40785 (faxed 28 September 2026)
Hello,
This supplements my complaint under section 29 of the Privacy Act against the Canada Border Services Agency, request P-2026-40785. I faxed it to the Intake Unit at [phone] on 28 September 2026, and the fax confirmed receipt at 1:35 PM PDT. No file number has reached me, so send it to this address.
On 5 October 2026 the Agency closed the request. Its access office wrote: "The Pacific Region has been tasked, they have responded with a NIL as their file was transferred to the Northern Ontario Region (NOR)." And: "CBSA has met its responsibility and legal obligation to provide applicable information as per your request text and this file is closed."
THE PHOTOGRAPH, paragraph 29(1)(a). The released note of Inland Enforcement Officer Alldred, Vancouver, on 5 May 2026 reads: "I was able to send a photograph of DZYUBAN from our records to" an employee of Cyrus Centre Ministries, a private shelter in Chilliwack. The shelter's own notes confirm receipt. The Agency closed the request and still names no paragraph of subsection 8(2).
THE EMAIL, paragraph 29(1)(b). The Pacific Region searched a case file that had moved to Ontario. The email that carried my photograph never moved with that file. It sat in an officer's mailbox in Vancouver. So did the exchanges with the Chilliwack and Whistler RCMP on file WP25-374, and the request of 9 May 2026 to United States Customs and Border Protection. None is released and no provision is named. If any was destroyed, the Agency must state when and under which disposition authority.
ITEMS 2 AND 3, paragraph 29(1)(h). The Agency closed the request with no notice under subsection 16(1) for item 2, on removal and PRRA, or for item 3, on emails and letters with Ontario Works. A request closed without that notice is refused under subsection 16(3).
FINDINGS SOUGHT, in addition to those of 28 September 2026. The Agency searches the mailboxes of Officer Alldred and of the Vancouver Inland Enforcement office for May 2026. It releases the email of 5 May 2026, the shelter's reply, the RCMP exchanges and the request to United States Customs and Border Protection, or names the provision for each. It names the paragraph of subsection 8(2) for my photograph, or the Commissioner finds a breach of subsection 8(1). It gives the notices under subsection 16(1) for items 2 and 3.
The Agency's letter of 5 October 2026 is attached as received.
This exchange goes into the public record at https://dzyuban.com/legal/record/requests/
Respectfully,
Danilo Dzyuban
Attachments: CBSA-letter-2026-10-05-P-2026-40785.txt
No answer by 9 Oct