5823-02877 — Canada Revenue Agency
The complainant alleged that the Canada Revenue Agency (CRA) improperly withheld employee timesheet information under subsection 19(1) of the Access to Information Act. The request was for timesheets from April 19 to May 3, 2023, a period coinciding with a labour strike. The OIC accepted that User ID and PRI, if disclosed, would reveal an employee's choice to participate in or cross a picket line, thus constituting personal information not related to their position or function. However, for the remaining timesheet data (Date, Att/Abs type, Att/Abs text, Company, Status, Hours), the OIC found CRA's argument for withholding to be speculative and lacking concrete evidence that disclosure would lead to identification, especially given the large number of employees and various reasons for absence. The OIC concluded that this remaining information did not meet the requirements of subsection 19(1). The Commissioner ordered CRA to disclose the information that did not meet the requirements of subsection 19(1). CRA gave notice that it would partially implement the order, intending to withhold information associated with leave codes used by fewer than 10 employees.
- 1Whether User ID and PRI on timesheets constitute personal information under s.19(1) ATIA
- 2Whether the release of User ID and PRI would reveal an employee's personal choice regarding strike participation, thus not falling under the s.3(j) Privacy Act exception
- 3Whether the remaining timesheet information (Date, Att/Abs type, Att/Abs text, Company, Status, Hours) constitutes personal information under s.19(1) ATIA
- 4Whether there is a serious possibility that disclosing the remaining timesheet information would lead to the identification of individuals
- 5Whether CRA's evidence for identification was speculative or concrete
- 6Whether CRA reasonably exercised its discretion under s.19(2) ATIA for information meeting s.19(1) requirements
- s.19(1) personal information: User ID and PRI are personal information
- s.19(1) personal information: Remaining timesheet data not personal information
- Disclosure of records: Remaining timesheet data ordered disclosed
- Compliance with order: Partial implementation of order by institution
Complaint well founded — disclosure ordered
The Commissioner found that while User ID and PRI were personal information due to their link to strike participation, CRA failed to demonstrate a serious possibility of identifying individuals from the remaining timesheet data. CRA's arguments for identification were deemed speculative and insufficient to meet the requirements of subsection 19(1).
The Minister of National Revenue is ordered to disclose all redacted information that does not meet the requirements of subsection 19(1) as described in the final report.
- s.19(1) ATIA
- s.19(2) ATIA
- s.30(1)(a) ATIA
- s.36.2 ATIA
- s.37(2) ATIA
- s.43 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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