Federal (Canada) privacy & access decisions

The complainant alleged that Health Canada improperly withheld information under subsection 19(1) and paragraph 20(1)(c) of the Access to Information Act concerning documents about the impact of campfires on air quality. During the investigation, the complainant withdrew the allegation regarding subsection 19(1). Health Canada had withheld names of third parties and short texts about them under paragraph 20(1)(c), claiming potential financial impact on third parties. The third parties, Canadian Automobile Association (CAA) and Canadian Institute of Planners (CIP), were invited to make representations. The CAA opposed disclosure, citing "future risk" from misinformation, but provided no evidence of specific harm. The CIP stated disclosure would not cause it harm. The Commissioner found that the information did not meet the requirements of paragraph 20(1)(c) as there was no clear and direct connection between disclosure and a risk of harm beyond mere possibility. Health Canada agreed to disclose the information following an order from the Commissioner. The complaint was found to be well founded, and Health Canada was ordered to disclose the information.

• Whether s.19(1) ATIA (personal information) was properly applied
• 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 with a reasonable expectation of harm
• Whether disclosure could injure the competitive position of the third party with a reasonable expectation of prejudice
• Whether the third parties provided sufficient evidence to demonstrate a reasonable expectation of harm under s.20(1)(c)

An anonymous applicant complained that Transport Canada improperly withheld information from rail workplace fatality investigation reports under sections 19(1), 20(1)(b), and 20(1)(c) of the Access to Information Act. The Commissioner found that while some information was properly withheld as personal information under section 19(1), Transport Canada failed to reasonably exercise its discretion regarding publicly available personal information. For section 20(1)(b), most of the withheld information did not meet the requirements for confidentiality or being "supplied by" a third party, with only specific financial and technical details qualifying. The Commissioner rejected the application of section 20(1)(c), finding that the institution and third parties did not demonstrate a clear and direct connection between disclosure and a reasonable expectation of harm. Furthermore, a third party's claim under section 23 for solicitor-client and litigation privilege was also rejected due to insufficient evidence. Consequently, the complaint was well-founded, and Transport Canada was ordered to disclose most of the withheld information.

• Whether the withheld information constituted "personal information" under subsection 19(1) ATIA
• Whether Transport Canada reasonably exercised its discretion under subsection 19(2)(b) ATIA regarding publicly available personal information
• Whether the withheld information was "financial, commercial, scientific or technical" under paragraph 20(1)(b) ATIA
• Whether the withheld information was "confidential" under paragraph 20(1)(b) ATIA
• Whether the withheld information was "supplied by a third party" under paragraph 20(1)(b) ATIA
• Whether the third party "consistently treated the information as confidential" under paragraph 20(1)(b) ATIA
• Whether disclosure of the information could reasonably be expected to result in "material financial loss or gain" or "prejudice to the competitive position" of a third party under paragraph 20(1)(c) ATIA
• Whether the withheld information was subject to "solicitor-client privilege" under section 23 ATIA
• Whether the withheld information was subject to "litigation privilege" under section 23 ATIA

The complainant alleged that Transport Canada improperly withheld information from a Final Report of an investigation into an accidental death at a Canadian Pacific Railway Company (CP) yard. Transport Canada initially withheld information under paragraphs 16(1)(c), 19(1), and 20(1)(b) of the Access to Information Act. CP also asserted additional exemptions under paragraphs 20(1)(c), section 23, and subsection 24(1). The Information Commissioner found that Transport Canada did not meet the burden for withholding an incident number under 16(1)(c). For 19(1), the Commissioner found that while much of the witness statement information was personal and posed a serious re-identification risk, factual information could be severed and disclosed. Regarding 20(1)(b), the Commissioner determined that some technical and commercial information met the exemption criteria, but other information, particularly safety-related content, did not meet the confidentiality requirement. The Commissioner rejected CP's additional exemption claims under 20(1)(c), 23, and 24(1) due to insufficient evidence. The complaint was found to be well founded, and Transport Canada was ordered to disclose specific information.

• Whether s.16(1)(c) law enforcement or investigation harm was reasonably expected for the incident number
• Whether information was personal information under s.19(1)
• Whether factual information could be severed from personal information under s.19(1)
• Whether there was a serious risk of re-identification for personal information under s.19(1)
• Whether Transport Canada reasonably exercised discretion under s.19(2)
• Whether information was financial, commercial, scientific or technical under s.20(1)(b)
• Whether information was confidential under s.20(1)(b)
• Whether information was supplied by a third party under s.20(1)(b)
• Whether the third party consistently treated information as confidential under s.20(1)(b)
• Whether Transport Canada reasonably exercised discretion under s.20(6)
• Whether s.20(1)(c) financial impact or competitive harm was reasonably expected
• Whether information was subject to solicitor-client privilege under s.23
• Whether information was subject to litigation privilege under s.23
• Whether information was restricted by another law under s.24(1) (Canada Labour Code s.144(3))

The complainant alleged that the Royal Canadian Mounted Police (RCMP) improperly withheld information related to applications for legal funding at public expense, including records concerning British Columbia's Braidwood Commission on the death of Robert Dziekanski. The RCMP claimed various exemptions under the Access to Information Act. The Information Commissioner found that the RCMP improperly withheld information under paragraphs 13(1)(a) and (c), section 14, subsection 15(1), and section 23, specifically rejecting the RCMP's claims of solicitor-client, litigation, and common interest privilege for certain letters. The Commissioner also concluded that the RCMP failed to take reasonable steps to seek consent from the B.C. government for information qualifying under subsection 13(1), as required by subsection 13(2). However, the Commissioner upheld the application of subsection 19(1) and paragraph 21(1)(a) for other information, finding the RCMP's exercise of discretion reasonable in those instances. Consequently, the complaint was found to be well founded. The Commissioner ordered the RCMP to disclose the improperly withheld information and to seek consent from the B.C. government for other records before exercising discretion on their release. The RCMP gave notice that it would not fully implement these orders.

• Whether the information met the requirements of subsection 19(1) ATIA
• Whether the RCMP reasonably exercised its discretion under subsection 19(2) ATIA
• Whether the information met the requirements of section 23 ATIA regarding solicitor-client privilege
• Whether the information met the requirements of section 23 ATIA regarding litigation privilege
• Whether common interest privilege applied to letters from legal counsel to the Braidwood Commission
• Whether the RCMP reasonably exercised its discretion under section 23 ATIA
• Whether the information met the requirements of paragraph 13(1)(a) ATIA
• Whether the information met the requirements of paragraph 13(1)(c) ATIA
• Whether the information met the requirements of paragraph 13(1)(d) ATIA
• Whether the RCMP reasonably exercised its discretion to seek consent under subsection 13(2) ATIA
• Whether the information met the requirements of section 14 ATIA
• Whether the information met the requirements of subsection 15(1) ATIA
• Whether the information met the requirements of paragraph 21(1)(a) ATIA
• Whether the RCMP reasonably exercised its discretion under paragraph 21(1)(a) ATIA

The complainant alleged that the Canada Revenue Agency (CRA) improperly withheld employee timesheet information under subsection 19(1) of the Access to Information Act. The request was for timesheets from April 19 to May 3, 2023, a period coinciding with a labour strike. The OIC accepted that User ID and PRI, if disclosed, would reveal an employee's choice to participate in or cross a picket line, thus constituting personal information not related to their position or function. However, for the remaining timesheet data (Date, Att/Abs type, Att/Abs text, Company, Status, Hours), the OIC found CRA's argument for withholding to be speculative and lacking concrete evidence that disclosure would lead to identification, especially given the large number of employees and various reasons for absence. The OIC concluded that this remaining information did not meet the requirements of subsection 19(1). The Commissioner ordered CRA to disclose the information that did not meet the requirements of subsection 19(1). CRA gave notice that it would partially implement the order, intending to withhold information associated with leave codes used by fewer than 10 employees.

• Whether User ID and PRI on timesheets constitute personal information under s.19(1) ATIA
• Whether the release of User ID and PRI would reveal an employee's personal choice regarding strike participation, thus not falling under the s.3(j) Privacy Act exception
• Whether the remaining timesheet information (Date, Att/Abs type, Att/Abs text, Company, Status, Hours) constitutes personal information under s.19(1) ATIA
• Whether there is a serious possibility that disclosing the remaining timesheet information would lead to the identification of individuals
• Whether CRA's evidence for identification was speculative or concrete
• Whether CRA reasonably exercised its discretion under s.19(2) ATIA for information meeting s.19(1) requirements