5823-02070 — Canadian Broadcasting Corporation
The complainant alleged that the Canadian Broadcasting Corporation (CBC) improperly withheld records containing communications between CBC and Twitter employees, citing exemptions related to the safety of individuals and personal information. The OIC found that the CBC failed to demonstrate that disclosing the requested information would reasonably be expected to threaten an individual's safety or facilitate the commission of an offence. The Commissioner ordered the CBC to disclose the withheld information.
- Whether the CBC properly applied section 17 (safety of individuals) to withhold records.
- Whether the CBC properly applied subsection 16(2) (facilitating the commission of an offence) to withhold records.
- Whether the CBC properly applied subsection 19(1) (personal information) to withhold records.
- The standard of proof for demonstrating a reasonable expectation of harm under sections 16(2) and 17.
Complaint well founded — disclosure ordered
The Commissioner found that the CBC did not provide sufficient evidence to demonstrate a clear and direct link between the disclosure of the information and the alleged harm (facilitating an offence or threatening individual safety). In particular, the CBC did not show how the information could be used to commit an offence, nor did it prove that the potential harm to individuals (including psychological harm) was reasonably expected to occur and went beyond mere distress.
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The Commissioner ordered the CBC to disclose the information withheld under subsection 16(2) and section 17.
- s.17 ATIA
- s.19(1) ATIA
- s.16(2) ATIA
- para. 30(1)(a) ATIA
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