BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5819-00985 — Social Sciences and Humanities Research Council of Canada
Office of the Information Commissioner of CanadaAccess to Information Act5819-00985Well-founded
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5819-00985 — Social Sciences and Humanities Research Council of Canada

Organization: Social Sciences and Humanities Research Council of Canada
Decision: Jun 3, 2024Published: Jun 3, 2024

The complainant alleged that the Social Sciences and Humanities Research Council of Canada (SSHRC) improperly withheld records concerning the Canada Research Chairs’ Equity, Diversity and Inclusion requirements, citing exemptions related to facilitating offenses, personal information, financial impact, negotiations, and advice/deliberations. While SSHRC successfully justified withholding some personal information under subsection 19(1) and advice/deliberations under paragraphs 21(1)(a) and 21(1)(b), it failed to demonstrate that other information met the criteria for exemptions under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d). The Information Commissioner found the complaint well-founded and ordered SSHRC to disclose the remaining information, which SSHRC agreed to implement.

  • Exemption under paragraph 16(2)(c) (facilitating commission of an offence)
  • Exemption under subsection 19(1) (personal information)
  • Exemption under paragraphs 20(1)(b), (c), (d) (third-party commercial/financial information, negotiations)
  • Exemption under paragraphs 21(1)(a), (b) (advice, deliberations)

Complaint well founded — disclosure ordered

The institution improperly withheld information under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d) of the Access to Information Act, as it failed to demonstrate that the information met the requirements of these exemptions. While some information was properly withheld under subsection 19(1) and paragraphs 21(1)(a) and 21(1)(b), the overall complaint was found to be well-founded.

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Recommended action / remedy

The institution was ordered to disclose all redacted information except for that which met the requirements of subsection 19(1) and/or paragraphs 21(1)(a) and/or 21(1)(b).

Statutory provisions cited
  • s.16(2)(c) ATIA
  • s.19(1) ATIA
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.20(1)(d) ATIA
  • s.21(1)(a) ATIA
  • s.21(1)(b) ATIA
  • s.30(1)(a) ATIA
  • s.35(2)(c) ATIA
  • s.36.3 ATIA
  • s.19(2) ATIA
  • s.20(5) ATIA
  • s.21(2) ATIA
  • s.37(2) ATIA

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