FOIA Advisor

Q&A: Oh, Canada! And W-2 forms.

Q&A (2015-2023)Allan BlutsteinComment

Q.  Can the Government of Canada track your movements through your passport?  I really need to know the answer to this question. Is this "BIG BROTHER" Canada style?

A.  Your question is unrelated to the open record laws of the United States (which is the purpose of this website), but I nonetheless will answer it.  No.  According to the Canadian government, "[t]he chip in the Canadian ePassport is passive, which means that it does not have a power source. It cannot transmit signals over long distances.  An ePassport must be held within 10 centimetres of a reader in order to be read. The only information that is on the chip is the information from page 2 of the passport. The chip does not transmit or record any other information." See http://www.cic.gc.ca/english/passport/help/epassport.asp.

Q.  Can you FOIA someone's W-2?

A.  A third party's tax return information is protected from disclosure under Exemption 3 of the FOIA, in conjunction with 26 U.S.C. § 6103.