BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Employment and Social Development Canada (Re), 2022 OIC 33
Office of the Information Commissioner of CanadaAccess to Information Act5819-04288Well-founded
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Employment and Social Development Canada (Re), 2022 OIC 33

Organization: Employment and Social Development Canada
Decision: Jul 11, 2022Published: Jul 11, 2022

The complainant alleged that Employment and Social Development Canada (ESDC) improperly withheld information related to a contract for an Access to Information consultant. ESDC claimed exemptions for personal information, financial impact on third parties, consultations or deliberations, solicitor-client privilege, and restrictions by other laws. The Information Commissioner found that ESDC improperly withheld information concerning the consultant's job duties and experience, some third-party financial details, and certain accounts of deliberations. The Commissioner ordered ESDC to disclose this information and to re-evaluate consent for some personal information.

  • Proper application of subsection 19(1) (personal information)
  • Proper application of paragraph 20(1)(c) (financial impact on third party)
  • Proper application of paragraph 21(1)(b) (accounts of consultations or deliberations)
  • Reasonable exercise of discretion for exemptions

Complaint well founded — Disclosure ordered

The Commissioner found that ESDC failed to properly apply exemptions for personal information, third-party financial impact, and consultations or deliberations, and ordered the release of specific records.

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Recommended action / remedy

The Commissioner ordered ESDC to disclose specific information that was improperly withheld and to determine whether consent for release exists for certain personal information.

Statutory provisions cited
  • s.19(1) ATIA
  • s.20(1)(c) ATIA
  • s.21(1)(b) ATIA
  • s.23 ATIA
  • s.24(1) ATIA
  • s.36.1 ATIA

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