BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5820-04513 — Social Sciences and Humanities Research Council of Canada and Memorial University of Newfoundland and Labrador
Office of the Information Commissioner of CanadaAccess to Information Act5820-04513Well-founded
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5820-04513 — Social Sciences and Humanities Research Council of Canada and Memorial University of Newfoundland and Labrador

Organization: Social Sciences and Humanities Research Council of Canada
Decision: Aug 7, 2023Published: Aug 7, 2023

The complainant alleged that the Social Sciences and Humanities Research Council (SSHRC) improperly withheld information related to a virtual town hall and SSHRC funding applications under paragraph 20(1)(b) of the Access to Information Act. The OIC found that SSHRC and the third party (Memorial University) failed to demonstrate that the withheld information met the requirements for exemption. Specifically, the OIC determined that the information did not meet the confidentiality criteria under the Act. As a result, the Information Commissioner ordered SSHRC to release all the withheld information.

  • Whether the withheld information meets the definition of 'technical information' under paragraph 20(1)(b).
  • Whether the withheld information meets the 'confidentiality' criteria under paragraph 20(1)(b).
  • Whether the institution and third party met the burden of proof to justify withholding the information.
  • Whether the information related to application success rates is financial or commercial information.

Complaint well founded — disclosure ordered

The Commissioner found that neither SSHRC nor Memorial University of Newfoundland and Labrador demonstrated that the withheld information met the criteria for exemption under paragraph 20(1)(b) of the Access to Information Act, particularly the confidentiality requirement. The information related to WebEx meeting access was deemed not to have been shared with a reasonable expectation of confidentiality, and the information on application success rates was not considered financial or commercial in nature.

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Recommended action / remedy

The Commissioner ordered SSHRC to release all of the information withheld under paragraph 20(1)(b).

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

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