BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5822-06636 — Fisheries and Oceans Canada
Office of the Information Commissioner of CanadaAccess to Information Act5822-06636Well-founded
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5822-06636 — Fisheries and Oceans Canada

Organization: Fisheries and Oceans Canada
Decision: Sep 11, 2023Published: Sep 11, 2023

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld records related to correspondence with a third party, citing personal information and third-party business and financial information exemptions. DFO and the third party conceded that two exemptions were improperly applied, and the Information Commissioner found that the remaining exemption for confidential third-party information was not met. The Commissioner ordered DFO to disclose the information.

  • Application of subsection 19(1) (personal information)
  • Application of paragraphs 20(1)(a) (trade secrets) and 20(1)(c) (financial impact on third party)
  • Application of paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information)
  • Confidentiality criteria for paragraph 20(1)(b)

Complaint well founded — disclosure ordered

The Commissioner found that the information did not meet the requirements for confidentiality under paragraph 20(1)(b) of the Access to Information Act, as much of it was publicly available or submitted with an insufficient expectation of confidentiality. Additionally, other exemptions cited by the institution were conceded to be improperly applied.

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Recommended action / remedy

The Minister of Fisheries and Oceans was ordered to disclose all information previously withheld under paragraphs 20(1)(a), 20(1)(b), and 20(1)(c), with specific page references provided.

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

This is an informational summary only and does not constitute legal advice.