BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5822-00322 — Canadian Institutes of Health Research
Office of the Information Commissioner of CanadaAccess to Information Act5822-00322Well-founded
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5822-00322 — Canadian Institutes of Health Research

Organization: Canadian Institutes of Health Research
Decision: Aug 1, 2023Published: Aug 1, 2023

The complainant alleged that the Canadian Institutes of Health Research (CIHR) improperly withheld information concerning a research project and an individual's role on an advisory board. The request focused on specific pages of records previously withheld under paragraph 20(1)(b) of the Access to Information Act, relating to a seed grant program, a sentinel site, and a research network's governance structure. The Commissioner found that the information did not meet the criteria for exemption under paragraph 20(1)(b) as it was neither financial, commercial, scientific, nor technical. Consequently, the complaint was well founded, and the CIHR was ordered to disclose the information.

  • Whether the withheld information meets the criteria for exemption under paragraph 20(1)(b) of the ATIA.
  • Whether the information constitutes financial, commercial, scientific, or technical information as defined by the ATIA.
  • Whether the third party provided sufficient representations to support the exemption.

Complaint well founded — disclosure ordered

The Commissioner found that the information at issue did not meet the requirements for exemption under paragraph 20(1)(b) of the Access to Information Act. Specifically, the withheld information, describing aspects of a proposed research network, was not considered financial, commercial, scientific, or technical in nature.

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Recommended action / remedy

The Commissioner ordered the Canadian Institutes of Health Research to disclose the specified information.

Statutory provisions cited
  • s.18(a) ATIA
  • s.19(1) ATIA
  • s.20(1)(b) ATIA
  • s.30(1)(a) ATIA
  • s.36.1 ATIA

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