5820-04528 — National Capital Commission
The complainant alleged that the National Capital Commission (NCC) improperly withheld information under paragraphs 16(2)(c), 18(d), and subsection 19(1) of the Access to Information Act concerning renovation projects at Rideau Hall. During the investigation, the NCC disclosed some information previously withheld under subsection 19(1), and the application of paragraphs 16(2)(c) and 18(d) was removed from the scope of the complaint. The Commissioner found that the name, title, and contact information of an NCC employee did not meet the requirements for exemption under subsection 19(1) as it fell under an exception for business contact information. For other personal information, the NCC failed to demonstrate that it had reasonably exercised its discretion to disclose publicly available personal information. The Commissioner ordered the NCC to disclose the NCC employee's information and to properly exercise its discretion regarding publicly available personal information. The NCC agreed to implement the order, and the complaint was found to be well founded.
- 1Whether s.16(2)(c) ATIA (facilitating the commission of an offence) was properly applied
- 2Whether s.18(d) ATIA (negotiations by government institutions) was properly applied
- 3Whether s.19(1) ATIA (personal information) was properly applied to the name, title, and contact information of an NCC employee
- 4Whether the information about an NCC employee is excluded from the definition of personal information under paragraph 3(j) of the Privacy Act
- 5Whether the NCC reasonably exercised its discretion under s.19(2)(a) ATIA (consent to disclosure)
- 6Whether the NCC reasonably exercised its discretion under s.19(2)(b) ATIA (publicly available personal information)
- 7Whether the NCC reasonably exercised its discretion under s.19(2)(c) ATIA (disclosure consistent with s.8 of the Privacy Act)
- s.19(1) personal information: Exemption not upheld for employee contact info
- s.19(1) publicly available info: Discretion not properly exercised
- Disclosure of records: Employee contact information ordered disclosed
- Complaint status: Well founded
Complaint well founded — disclosure ordered
The NCC failed to demonstrate that the name, title, and contact information of an NCC employee met the requirements for exemption under subsection 19(1) as it was excluded by paragraph 3(j) of the Privacy Act. Furthermore, the NCC did not reasonably exercise its discretion under subsection 19(2) regarding publicly available personal information.
The Information Commissioner ordered the NCC to disclose the name, title, and contact information of the NCC employee and to exercise discretion to release publicly available personal information.
- s.16(2)(c) ATIA
- s.18(d) ATIA
- s.19(1) ATIA
- s.19(2) ATIA
- s.30(1)(a) ATIA
- s.36.1(1) ATIA
- s.36.2 ATIA
- s.3(j) Privacy Act
- s.8 Privacy Act
This summary is for informational purposes only and does not constitute legal advice.
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