BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5821-00718 — Transportation Safety Board of Canada
Office of the Information Commissioner of CanadaAccess to Information Act5821-00718Well-founded
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5821-00718 — Transportation Safety Board of Canada

Organization: Transportation Safety Board of Canada
Decision: Nov 4, 2022Published: Nov 4, 2022

The complainant alleged that the Transportation Safety Board of Canada (TSB) improperly withheld records related to an aircraft incident under various exemptions related to personal information and confidential third-party information. The OIC found that TSB failed to provide sufficient evidence to justify withholding the records under the claimed exemptions. Consequently, the Information Commissioner ordered TSB to disclose the records, and TSB agreed to comply.

  • Failure to meet the requirements for withholding information under section 19(1) (personal information) of the ATIA.
  • Failure to meet the requirements for withholding information under section 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) of the ATIA.
  • Failure to meet the requirements for withholding information under section 20(1)(c) (financial impact on a third party) of the ATIA.
  • Failure to meet the requirements for withholding information under section 20(1)(d) (negotiations by a third party) of the ATIA.

Complaint well founded — disclosure ordered

The institution failed to demonstrate that the withheld information met the specific requirements of the exemptions it cited, particularly concerning the confidentiality and commercial nature of the information, and the potential for harm to a third party.

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Recommended action / remedy

The Information Commissioner ordered the Transportation Safety Board of Canada to disclose all information at issue, except for information previously withheld under subsection 19(1).

Statutory provisions cited
  • s.19 ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.20(1)(d) ATIA
  • s.30(1)(a) ATIA
  • s.36.1 ATIA
  • s.37(4) ATIA

This is an informational summary and not legal advice.