Federal (Canada) privacy & access decisions

The complainant alleged that Environment and Climate Change Canada (ECCC) improperly excluded real-time and archived weather radar data under paragraph 68(a) of the Access to Information Act, claiming it was material available for purchase. ECCC stated that access to this weather data is provided as a cost-recovered service due to the costs involved in retrieval and preparation. The Commissioner found that the archived weather data was indeed available for purchase through a cost-recovery system, with various pricing tiers depending on the data package and region. Consequently, the Commissioner concluded that the Act does not apply to this information. The complaint was therefore deemed not well founded.

• Whether real-time weather radar data falls within the scope of an access request
• Whether archived weather radar data is material available for purchase under paragraph 68(a) of the Access to Information Act

The complainant filed a complaint with the Office of the Information Commissioner (OIC) regarding an access request. The institution had responded to the access request by email, but the complainant inadvertently deleted the email before reviewing its contents. The complainant argued that the 60-day time limit for filing a complaint under section 31 of the Access to Information Act (ATIA) should begin from the date they became aware of the grounds for complaint, which was when they recovered and reviewed the deleted email. The OIC determined that the complaint was inadmissible because it was submitted outside the mandatory 60-day timeframe. The Commissioner clarified that the 60-day period begins the day after the requester receives the institution's response, not when they become aware of the grounds for complaint due to their own actions. The OIC concluded that the ATIA does not grant the Commissioner the power to extend this statutory time limit.

• Whether the complaint was filed within the 60-day time limit prescribed by section 31 of the ATIA
• Interpretation of 'in any other case' in section 31 of the ATIA regarding the start of the complaint period
• Whether the Information Commissioner has the power to extend the 60-day time limit for filing a complaint

An individual complained that the Canada Border Services Agency (CBSA) over-disclosed their personal information to the Information Commissioner (IC) when seeking approval to decline two Access to Information Act (ATIA) requests. The CBSA provided not only information related to the ATIA requests but also a sensitive labour relations report about the complainant. The CBSA argued the disclosure was a "consistent use" under paragraph 8(2)(a) of the Privacy Act, as the information was collected in the context of workplace conflict and the disclosure was to determine how to handle the complainant's requests for their personal information. The OPC found that while information related to the ATIA requests was a consistent use, the disclosure of the labour relations report was not, as its original purpose (addressing workplace conflict) was distinct from responding to ATIA requests. The OPC concluded that the CBSA contravened section 8 of the Privacy Act and recommended the CBSA develop guidance for consistent use disclosures. The CBSA disagreed with the finding and declined to implement the recommendation, leading to a "well-founded and not resolved" outcome.

• Whether the disclosure of personal information to the Information Commissioner was for a "consistent use" under paragraph 8(2)(a) of the Privacy Act
• Whether information collected for administering ATIA requests can be disclosed to the IC as a consistent use
• Whether a labour relations report, originally collected for addressing workplace conflict, can be disclosed to the IC as a consistent use in the context of ATIA requests

The complainant alleged that Transport Canada improperly withheld information related to a Boeing 737 MAX aircraft system (MCAS) under various exemptions of the Access to Information Act. Transport Canada initially withheld all records under paragraphs 20(1)(a), (b), and (c), and the third party, Boeing, also suggested the application of subsection 13(1). The Commissioner found that Transport Canada and Boeing did not demonstrate that all the withheld information met the requirements for trade secrets under paragraph 20(1)(a), nor for confidential third-party information under paragraph 20(1)(b), particularly for general or publicly available information. Similarly, the Commissioner found that the institution failed to demonstrate a reasonable expectation of harm for all information under paragraph 20(1)(c). The Commissioner also concluded that subsection 13(1) did not apply as the information was not provided in confidence. Furthermore, Transport Canada's exercise of discretion under subsection 20(6) was deemed unreasonable as it did not consider the public interest related to the Lion Air and Ethiopian Airlines crashes. The complaint was found to be well-founded, and Transport Canada was ordered to disclose specific information and re-exercise discretion.

• Whether s.19(1) personal information exemption was properly applied (removed from scope)
• Whether s.20(1)(a) trade secrets exemption was properly applied to all records
• Whether the information was secret for s.20(1)(a)
• Whether the third party intended to treat the information as secret for s.20(1)(a)
• Whether the information had industrial or commercial application for s.20(1)(a)
• Whether the third party had an interest worthy of legal protection for s.20(1)(a)
• Whether s.20(1)(b) confidential third-party financial, commercial, scientific or technical information exemption was properly applied to all records
• Whether the information was financial, commercial, scientific or technical for s.20(1)(b)
• Whether the information was confidential for s.20(1)(b)
• Whether the information was supplied by a third party to a government institution for s.20(1)(b)
• Whether the third party consistently treated the information as confidential for s.20(1)(b)
• Whether s.20(1)(c) financial impact on a third party exemption was properly applied to all records
• Whether disclosure could result in material financial loss or gain to the third party for s.20(1)(c)
• Whether there was a reasonable expectation of harm for s.20(1)(c)
• Whether disclosure could injure the competitive position of the third party for s.20(1)(c)
• Whether Transport Canada reasonably exercised discretion under s.20(5) regarding disclosure with consent
• Whether Transport Canada reasonably exercised discretion under s.20(6) for public health or public safety reasons
• Whether s.13(1) confidential information from government bodies exemption was properly applied
• Whether the information was obtained in confidence from a government body for s.13(1)