BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5821-03240 — Agriculture and Agri-Food Canada
Office of the Information Commissioner of CanadaAccess to Information Act5821-03240Well-founded
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5821-03240 — Agriculture and Agri-Food Canada

Organization: Agriculture and Agri-Food Canada
Decision: Aug 8, 2023Published: Aug 8, 2023

The complainant alleged that Agriculture and Agri-Food Canada (AAFC) improperly withheld information related to communications about pig care standards. The information was claimed to be exempt under personal information (subsection 19(1)) and confidential third-party information (paragraph 20(1)(b)) exemptions. While some information was disclosed during the investigation, and the Commissioner found the remaining personal information properly withheld, the Commissioner determined that the information withheld under paragraph 20(1)(b) did not meet the exemption criteria. Therefore, the complaint was found to be well-founded.

  • Control of records
  • Application of subsection 19(1) (personal information)
  • Application of paragraph 20(1)(b) (confidential third-party information)

Complaint well founded — disclosure ordered for information withheld under paragraph 20(1)(b)

The Commissioner found that while some of the withheld information qualified as personal information under subsection 19(1), the information withheld under paragraph 20(1)(b) was not financial, commercial, scientific, or technical in nature, thus failing to meet a key criterion for that exemption. Consequently, the complaint was found to be well-founded regarding the information withheld under paragraph 20(1)(b).

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Recommended action / remedy

The Commissioner ordered Agriculture and Agri-Food Canada to disclose all information withheld under paragraph 20(1)(b), unless it qualified for exemption under subsection 19(1) or was outside the scope of the request.

Statutory provisions cited
  • s.19(1) ATIA
  • s.20(1)(b) ATIA
  • s.30(1)(a) ATIA
  • s.36.1(1) ATIA
  • s.41(2) ATIA

This is an informational summary and not legal advice.