Federal (Canada) privacy & access decisions

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld information under subsections 19(1), 20(1)(a), 20(1)(b), and 20(1)(c) of the Access to Information Act in response to a request for correspondence between DFO and Deep Water Recovery. During the investigation, the application of subsection 19(1) was removed from the scope of the complaint, and both DFO and the third party conceded that paragraphs 20(1)(a) and 20(1)(c) should not have been applied. The investigation therefore focused on paragraph 20(1)(b). The Commissioner found that neither DFO nor Deep Water Recovery demonstrated that the information met all the requirements for confidentiality under paragraph 20(1)(b), specifically that the information was not publicly available and that there was a reasonable expectation of confidentiality. Consequently, the Commissioner concluded that the information did not meet the requirements of paragraph 20(1)(b). The complaint was found to be well founded, and DFO was ordered to disclose the information.

• Whether s.19(1) personal information exemption was properly applied
• Whether s.20(1)(a) third-party trade secrets exemption was properly applied
• Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information exemption was properly applied
• Whether s.20(1)(c) financial impact on a third party exemption was properly applied
• 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 information was supplied by a third party under s.20(1)(b)
• Whether the third party consistently treated the information as confidential under s.20(1)(b)
• Whether the information was available from sources otherwise accessible by the public (confidentiality criterion)
• Whether the information was communicated with a reasonable expectation that it would not be disclosed (confidentiality criterion)
• Whether the information was communicated in a relationship fostered for public benefit by its confidentiality (confidentiality criterion)
• Whether the OIC's notice to third parties under s.36.3 breached natural justice and procedural fairness