Federal (Canada)Access to Information ActWell-founded

5823-02070 — Canadian Broadcasting Corporation

Organization: Canadian Broadcasting CorporationComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that the Canadian Broadcasting Corporation (CBC) improperly withheld information under section 17 (safety of individuals) and subsection 19(1) (personal information) of the Access to Information Act. The request sought communications between specific CBC and Twitter employees since January 1, 2018. During the investigation, the CBC released some information previously withheld under subsection 19(1) and section 17, but also applied subsection 16(2) (facilitating the commission of an offence) to some remaining information. The Commissioner found that the CBC failed to demonstrate how disclosing the name and contact information of an information security team member would reasonably be expected to facilitate an offence, especially since some of this information was publicly available. Regarding section 17, while acknowledging that psychological harm could fall under the exemption, the Commissioner concluded that the CBC did not show the harm went beyond distress or that there was a reasonable expectation of harm if the information, including names and Twitter handles of journalists, were disclosed. The Commissioner ordered the CBC to disclose the information withheld under subsection 16(2) and section 17. The CBC notified the Commissioner that it would implement the order.

Key issues
  1. 1Whether s.16(2) facilitating the commission of an offence was properly applied to the name and contact information of a CBC employee
  2. 2Whether there was a clear and direct linkage between disclosure and the alleged harm under s.16(2)
  3. 3Whether the information met the requirements of s.16(2)
  4. 4Whether s.17 safety of individuals was properly applied to the names and Twitter handles of CBC journalists
  5. 5Whether psychological harm is encompassed by s.17
  6. 6Whether the CBC demonstrated a reasonable expectation of harm under s.17 for journalists' identifying information
  7. 7Whether s.17 safety of individuals was properly applied to the name and contact information of a non-journalist CBC employee
  8. 8Whether the CBC demonstrated a reasonable expectation of harm under s.17 for the non-journalist employee's identifying information
Outcome breakdownFavours: Applicant / complainant
  • s.19(1) personal information: Information released
  • s.17 safety of individuals: Exemption not upheld
  • s.16(2) facilitating offence: Exemption not upheld
  • Disclosure of records: Records ordered disclosed
Outcome

Complaint well founded — disclosure ordered

Reasoning

The Commissioner found that the CBC failed to demonstrate a clear and direct link between the disclosure of the information and the alleged harms under both subsection 16(2) and section 17. For subsection 16(2), the CBC did not explain how the information could be used to facilitate an offence, nor did it reconcile the public availability of some information with its claim of harm. For section 17, while acknowledging psychological harm could be covered, the CBC did not provide sufficient evidence to show a reasonable expectation of serious harm beyond distress for the journalists or the non-journalist employee.

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Decision notes
Recommended action / remedy

The President of the Canadian Broadcasting Corporation is ordered to disclose the information withheld under subsection 16(2) and section 17.

Statutes considered
  • s.16(2) ATIA
  • s.17 ATIA
  • s.19(1) ATIA
  • s.30(1)(a) ATIA

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

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