BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/3217-00276 — Environment and Climate Change Canada
Office of the Information Commissioner of CanadaAccess to Information Act3217-00276Well-founded
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3217-00276 — Environment and Climate Change Canada

Organization: Environment and Climate Change Canada
Decision: Sep 8, 2021Published: Sep 8, 2021

The complainant alleged that Environment and Climate Change Canada (ECCC) improperly withheld records related to a Request for Proposals (RFP) under various ATIA exemptions. The Information Commissioner found that ECCC failed to properly exercise discretion regarding publicly available personal information and some commercial/financial information. While certain advice, recommendations, and specific third-party commercial/financial information were properly withheld, other portions were not sufficiently justified as confidential or likely to cause harm. ECCC agreed to implement the Commissioner's recommendations.

  • Proper exercise of discretion for publicly available personal information (s.19(2) ATIA)
  • Justification for withholding commercial/financial information under s.20(1)(b) and s.20(1)(c) ATIA
  • Application of advice/recommendations exemption (s.21(1)(a) ATIA)
  • Confidentiality of information provided in response to an RFP

Complaint well founded — disclosure ordered

The Commissioner found that ECCC did not reasonably exercise its discretion in withholding some personal information that was publicly available. Additionally, certain financial and commercial information was withheld without sufficient evidence that it met the confidentiality requirements or that disclosure would cause harm. ECCC committed to implementing the Commissioner's recommendations for disclosure.

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Recommended action / remedy

ECCC was recommended to disclose certain publicly available personal information, the lowest bid amount and per diem rate, and specific parts of the RFP Response, and to ensure all exemptions were accurate.

Statutory provisions cited
  • s.19 ATIA
  • s.20 ATIA
  • s.21 ATIA

This is a summary for informational purposes only and does not constitute legal advice.