Federal (Canada) privacy & access decisions

An institution applied under subsection 6.1(1) of the Access to Information Act for approval to decline to act on two access requests, arguing they constituted an abuse of the right to request information. The institution claimed the requests would overburden its operations, were repetitive, and intended to gain an advantage in legal proceedings. The Information Commissioner denied the application, finding the institution did not provide sufficient evidence to support these claims. The Commissioner noted the broad scope of the requests but concluded the institution failed to demonstrate they were an abuse of the Act.

• Whether the access requests constituted an abuse of the right of access by overburdening the institution.
• Whether the access requests constituted an abuse of the right of access due to their repetitive nature.
• Whether the purpose of the access requests was other than obtaining documents or information.
• Sufficiency of evidence provided by the institution regarding the estimated volume of records and operational impact.

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld financial, commercial, scientific, or technical information under paragraph 20(1)(b) of the Access to Information Act. The records concerned data analyzed in a Sea Lice Science Response Report. Neither DFO nor the third parties could demonstrate that the information met the requirements for the exemption, including objectivity or that it was supplied by a third party. A section 26 exemption was also considered and dismissed. The Information Commissioner ordered DFO to fully disclose the records.

• Whether the withheld information met the requirements of paragraph 20(1)(b) of the ATIA (confidential third-party financial, commercial, scientific or technical information).
• Whether the information was objectively confidential.
• Whether the information was supplied by a third party.
• Whether the withheld information met the requirements of section 26 of the ATIA (information to be published).

The complainant alleged that Correctional Service Canada (CSC) improperly withheld records from an inmate's file, citing several provisions of the Access to Information Act, primarily subsection 19(1) concerning personal information. The investigation focused on whether CSC met the requirements for withholding personal information and if it reasonably exercised its discretion in denying access. The Commissioner found that the records contained sensitive personal information and that CSC had met the requirements of subsection 19(1). Furthermore, CSC reasonably exercised its discretion in deciding not to disclose the information, as the public interest in disclosure did not clearly outweigh the invasion of privacy. Consequently, the complaint was found not to be well-founded.

• Whether the records constituted personal information under subsection 19(1) of the ATIA.
• Whether CSC met the requirements for withholding personal information under subsection 19(1).
• Whether CSC reasonably exercised its discretion under subsection 19(2) regarding consent, public availability, and public interest in disclosure.
• Whether constitutional principles related to transparency and openness of judicial proceedings applied to the Parole Board of Canada.