Federal (Canada) privacy & access decisions

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld information related to piscine reovirus, heart and skeletal muscle inflammation, the Creative Salmon Company Ltd., or jaundice syndrome, claiming exemptions under paragraphs 18(c), 20(1)(b), and 20(1)(c) of the Access to Information Act. The OIC found that DFO failed to demonstrate that disclosure of the information would threaten the exclusive rights of government researchers to publish their findings first, as required by paragraph 18(c). Furthermore, neither DFO nor the third party, Creative Salmon Ltd., established that the information was confidential, supplied by the third party, or consistently treated as confidential, as required by paragraph 20(1)(b). The OIC also concluded that DFO and Creative Salmon Ltd. did not show a reasonable expectation of substantial financial loss or harm to competitive position from disclosure, as claimed under paragraph 20(1)(c). The Information Commissioner recommended full disclosure of the information, with the exception of personal information. DFO agreed to implement the recommendations, and the complaint was found to be well founded.

• Whether the information was scientific or technical
• Whether the information was obtained through research by a government employee or officer
• Whether disclosing the information could threaten the exclusive rights of government researchers to publish the results of their research first
• Whether there was a reasonable expectation of harm under s.18(c)
• Whether DFO reasonably exercised its discretion under s.18(c)
• Whether the information is financial, commercial, scientific or technical under s.20(1)(b)
• Whether the information is confidential under s.20(1)(b)
• Whether the third party supplied the information to a government institution under s.20(1)(b)
• Whether the third party has consistently treated the information as confidential under s.20(1)(b)
• Whether DFO reasonably exercised its discretion under s.20(1)(b)
• Whether disclosing the information could result in substantial financial loss or gain to the third party under s.20(1)(c)
• Whether there is a reasonable expectation of substantial financial loss or gain under s.20(1)(c)
• Whether disclosing the information could injure the competitive position of the third party under s.20(1)(c)
• Whether there is a reasonable expectation of injury to competitive position under s.20(1)(c)
• Whether DFO reasonably exercised its discretion under s.20(1)(c)
• Whether DFO should have considered disclosure under subsection 20(6) for public health, safety, or environmental protection reasons