Federal (Canada) privacy & access decisions

An applicant complained that the Vancouver Fraser Port Authority (VFPA) improperly withheld an agreement with the Musqueam Indian Band under sections 18(b) and 20(1)(b) of the Access to Information Act. The Commissioner found that while some parts of the agreement could reasonably be expected to interfere with the VFPA's negotiations under s.18(b), other parts were publicly known or deducible and did not meet the exemption criteria. Furthermore, the VFPA failed to reasonably exercise its discretion by not considering factors in favour of disclosure. Regarding s.20(1)(b), the Commissioner determined that the agreement, in its entirety, did not meet the criteria for confidential financial, commercial, scientific, or technical information, particularly because it consisted of negotiated terms rather than information supplied by a third party. The Commissioner ordered the VFPA to disclose information not meeting s.20(1)(b) criteria and to re-exercise discretion for information meeting s.18(b). The VFPA agreed to release some information but did not address the re-exercise of discretion.

• Whether s.18(b) competitive position harm was reasonably expected
• Whether s.18(b) interference with negotiations was reasonably expected
• Whether the VFPA reasonably exercised its discretion under s.18(b)
• Whether the information was financial, commercial, scientific, or technical under s.20(1)(b)
• Whether the information was 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)

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld information related to the Laval River slope stabilization project under several sections of the Access to Information Act. Specifically, DFO claimed exemptions under paragraphs 13(1)(c) (confidential information from government bodies), 16(2) (security), 16(2)(c) (facilitating an offence), 19(1) (personal information), and 20(1)(c) (financial impact on a third party). During the investigation, the complainant narrowed the scope, removing the application of subsections 16(2) and 19(1) to signatures where the signing authority's name was present. The Information Commissioner found that DFO failed to demonstrate that the information withheld under paragraph 13(1)(c) was obtained in confidence, and neither DFO nor the third party justified the application of paragraph 20(1)(c). However, the Commissioner upheld the application of subsection 19(1) for personal information. Consequently, the Commissioner ordered DFO to release all information previously withheld under paragraphs 13(1)(c) and 20(1)(c), with the exception of the personal information properly withheld under subsection 19(1). DFO notified the Commissioner that it would implement the order.

• Whether s.13(1)(c) ATIA (confidential information from government bodies) was properly applied
• Whether the information was obtained in confidence for s.13(1)(c) ATIA
• Whether s.19(1) ATIA (personal information) was properly applied
• Whether the information is about an individual for s.19(1) ATIA
• Whether there is a serious possibility of identification for s.19(1) ATIA
• Whether the information falls under exceptions to the definition of personal information for s.19(1) ATIA
• Whether DFO reasonably exercised discretion under s.19(2) ATIA
• Whether s.20(1)(c) ATIA (financial impact on a third party) was properly applied
• Whether disclosure could result in material financial loss or gain to the third party for s.20(1)(c) ATIA
• Whether there is a reasonable expectation of harm for s.20(1)(c) ATIA
• Whether disclosure could injure the competitive position of the third party for s.20(1)(c) ATIA

The complainant alleged that Global Affairs Canada (Global Affairs) failed to conduct a reasonable search for records related to 2010 roundtable discussions on international education and the "London Statement." The initial search yielded few records, prompting the Office of the Information Commissioner (OIC) to question the institution. Global Affairs admitted that additional responsive records should have existed but were not preserved due to inadvertence, including improper filing, destruction of IT accounts, and a malfunctioning USB drive. Following further inquiries from the OIC, Global Affairs conducted additional searches, including tasking former employees, which led to the discovery of additional responsive records on an internal drive and a CD-ROM. The Commissioner found that Global Affairs did not conduct a reasonable search initially and raised concerns about its information management practices. The complaint was found to be well founded, and Global Affairs was ordered to provide the newly found records and implement information management recommendations.

• Whether Global Affairs Canada conducted a reasonable search for records
• Whether additional responsive records ought to have existed
• Whether the institution's information management practices were adequate