The name of an individual is considered personal information if it is accompanied by information that is about the individual
The complainant, an air passenger rights advocate, requested access to records about himself from the Canadian Transportation Agency (CTA). The CTA denied access to most records, arguing the information was not personal information, or that it was exempt under various provisions of the Privacy Act. The OPC found that the CTA had erred in withholding information and improperly invoked exemptions under section 70(1). However, most information withheld under sections 26 and 27 was found to be properly exempted, with specific exceptions.
- Whether records containing the complainant's name and discussions about his advocacy activities constituted personal information under the Privacy Act.
- Whether information withheld under paragraph 12(1)(b) was properly excluded from the scope of accessible personal information.
- Whether information was correctly exempted under sections 26 (third-party personal information), 27 (solicitor-client privilege), and subsection 70(1) (cabinet confidences).
Complaint conditionally well-founded - corrective measures implemented.
The OPC determined that the CTA had erred in its initial assessment of what constituted the complainant's personal information and in its invocation of the cabinet confidence exemption. While most third-party information and solicitor-client privilege claims were upheld, the CTA agreed to release additional information.
AI-generated summary for reference only. Always verify against the official decision ↗
The CTA agreed to release information previously withheld under section 12, section 26 (regarding a contractor), subsection 70(1) (referring to the complainant), and section 27 (sender, recipient, date, and time information).
- s. 3 Privacy Act
- para. 12(1)(b) Privacy Act
- s. 26 Privacy Act
- s. 27 Privacy Act
- s. 70(1) Privacy Act
This summary is informational only and not legal advice.