BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/Fisheries and Oceans Canada (Re), 2023 OIC 42
Office of the Information Commissioner of CanadaAccess to Information Act5820-03625Well-founded
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Fisheries and Oceans Canada (Re), 2023 OIC 42

Organization: Fisheries and Oceans Canada
Decision: Dec 18, 2023Published: Dec 18, 2023

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld records concerning the Laval River slope stabilization project. The Information Commissioner found that DFO failed to justify withholding information under exemptions related to confidential government information (s. 13(1)(c)) and financial impact on a third party (s. 20(1)(c)). However, the Commissioner upheld the withholding of personal information under s. 19(1). DFO was ordered to release the information withheld under s. 13(1)(c) and s. 20(1)(c), and indicated its intention to comply.

  • Whether information was obtained in confidence from a government body (s. 13(1)(c) ATIA)
  • Whether information constituted personal information (s. 19(1) ATIA)
  • Whether disclosure could reasonably be expected to cause a material financial impact on a third party (s. 20(1)(c) ATIA)

Complaint well founded — disclosure ordered

The institution failed to demonstrate that information withheld under section 13(1)(c) met the confidentiality requirement, and that information withheld under section 20(1)(c) would have a material financial impact on a third party. The exemption for personal information under section 19(1) was upheld.

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Recommended action / remedy

The Commissioner ordered Fisheries and Oceans Canada to release all information previously withheld under paragraphs 13(1)(c) and 20(1)(c) of the Access to Information Act, excluding information withheld under subsection 19(1).

Statutory provisions cited
  • s.13(1)(c) ATIA
  • s.16(2) ATIA
  • s.16(2)(c) ATIA
  • s.19(1) ATIA
  • s.20(1)(c) ATIA
  • s.30(1)(a) ATIA
  • s.35(2)(c) ATIA
  • s.36.3(1) ATIA
  • s.13(2) ATIA
  • s.19(2) ATIA
  • s.20(5) ATIA
  • s.3(j)-(m) Privacy Act
  • s.8 Privacy Act
  • s.43 ATIA

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