5821-02741 — Employment and Social Development Canada
The complainant alleged that Employment and Social Development Canada (ESDC) improperly withheld fatality investigation reports under the personal information (subsection 19(1)) and third-party commercial/technical information (paragraph 20(1)(b)) exemptions. The Information Commissioner found that some withheld information did not meet the requirements of subsection 19(1), and that ESDC failed to properly consider its discretion for disclosure under subsection 19(2)(b). The Commissioner also found that much of the information claimed under paragraph 20(1)(b) did not meet the criteria for being commercial/technical or confidential, and that ESDC failed to exercise its discretion properly regarding information related to a third party that had consented to disclosure. The complaint was found to be well-founded.
- Whether information withheld under subsection 19(1) meets the definition of personal information.
- Whether ESDC exercised its discretion reasonably under subsection 19(2) for publicly available information.
- Whether information withheld under paragraph 20(1)(b) meets the definition of confidential third-party commercial or technical information.
- Whether ESDC exercised its discretion reasonably under subsection 20(5) for information related to a consenting third party.
Complaint well founded — disclosure ordered
The Commissioner found that some information withheld under section 19(1) was not personal information and that ESDC failed to reasonably consider discretion regarding publicly available personal information. Additionally, much of the information claimed under section 20(1)(b) did not meet the exemption criteria, and ESDC failed to properly exercise its discretion regarding a third party's consented disclosure.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered ESDC to disclose specific information withheld under subsection 19(1), re-evaluate discretion for publicly available personal information, disclose information not meeting paragraph 20(1)(b) requirements, and re-exercise discretion for information related to a consenting third party.
- s.19(1) ATIA
- s.19(2)(b) ATIA
- s.20(1)(b) ATIA
- s.20(5) ATIA
- s.20(1)(c) ATIA
- s.25 ATIA
- s.30(1)(a) ATIA
- s.36.1 ATIA
This is an informational summary only and does not constitute legal advice.