Federal (Canada) privacy & access decisions

The complainant alleged that Agriculture and Agri-Food Canada (AAFC) improperly withheld information related to communications about pig care standards. The information was claimed to be exempt under personal information (subsection 19(1)) and confidential third-party information (paragraph 20(1)(b)) exemptions. While some information was disclosed during the investigation, and the Commissioner found the remaining personal information properly withheld, the Commissioner determined that the information withheld under paragraph 20(1)(b) did not meet the exemption criteria. Therefore, the complaint was found to be well-founded.

• Control of records
• Application of subsection 19(1) (personal information)
• Application of paragraph 20(1)(b) (confidential third-party information)

The complainant alleged that the Social Sciences and Humanities Research Council (SSHRC) improperly withheld information related to a virtual town hall and SSHRC funding applications under paragraph 20(1)(b) of the Access to Information Act. The OIC found that SSHRC and the third party (Memorial University) failed to demonstrate that the withheld information met the requirements for exemption. Specifically, the OIC determined that the information did not meet the confidentiality criteria under the Act. As a result, the Information Commissioner ordered SSHRC to release all the withheld information.

• Whether the withheld information meets the definition of 'technical information' under paragraph 20(1)(b).
• Whether the withheld information meets the 'confidentiality' criteria under paragraph 20(1)(b).
• Whether the institution and third party met the burden of proof to justify withholding the information.
• Whether the information related to application success rates is financial or commercial information.

The complainant alleged that the Canadian Institutes of Health Research (CIHR) improperly withheld information concerning a research project and an individual's role on an advisory board. The request focused on specific pages of records previously withheld under paragraph 20(1)(b) of the Access to Information Act, relating to a seed grant program, a sentinel site, and a research network's governance structure. The Commissioner found that the information did not meet the criteria for exemption under paragraph 20(1)(b) as it was neither financial, commercial, scientific, nor technical. Consequently, the complaint was well founded, and the CIHR was ordered to disclose the information.

• Whether the withheld information meets the criteria for exemption under paragraph 20(1)(b) of the ATIA.
• Whether the information constitutes financial, commercial, scientific, or technical information as defined by the ATIA.
• Whether the third party provided sufficient representations to support the exemption.

The Office of the Privacy Commissioner of Canada investigated a complaint against Agronomy Company of Canada Ltd. (Agronomy) following a significant data breach. The investigation found that Agronomy lacked appropriate safeguards, including multi-factor authentication, network segregation, and encryption, which contributed to the breach affecting 845 individuals. The OPC also found Agronomy lacked accountability structures. However, the complaint regarding valid consent for credit services was found not well-founded. Agronomy has since made significant improvements to its security measures and accountability practices.

• Adequacy of security safeguards
• Accountability for personal information
• Validity of consent for collection and use of personal information

The complainant alleged that Employment and Social Development Canada (ESDC) improperly withheld information related to an Occupational Health and Safety Tribunal decision concerning the death of an employee. The exemptions claimed were for personal information (subsection 19(1)), confidential third-party financial, commercial, scientific or technical information (paragraph 20(1)(b)), and solicitor-client privilege (section 23). The Information Commissioner found that ESDC failed to justify withholding information under paragraph 20(1)(b) and did not properly exercise discretion for information withheld under subsection 19(1) and section 23. ESDC was ordered to disclose information withheld under paragraph 20(1)(b) and to reconsider the disclosure of information withheld under subsection 19(1) and section 23.

• Justification for withholding personal information under subsection 19(1) ATIA
• Confidentiality and commercial/technical nature of information under paragraph 20(1)(b) ATIA
• Applicability of solicitor-client privilege under section 23 ATIA
• Reasonable exercise of discretion by the institution before withholding information

The complainant alleged that Employment and Social Development Canada (ESDC) improperly withheld fatality investigation reports under the personal information (subsection 19(1)) and third-party commercial/technical information (paragraph 20(1)(b)) exemptions. The Information Commissioner found that some withheld information did not meet the requirements of subsection 19(1), and that ESDC failed to properly consider its discretion for disclosure under subsection 19(2)(b). The Commissioner also found that much of the information claimed under paragraph 20(1)(b) did not meet the criteria for being commercial/technical or confidential, and that ESDC failed to exercise its discretion properly regarding information related to a third party that had consented to disclosure. The complaint was found to be well-founded.

• Whether information withheld under subsection 19(1) meets the definition of personal information.
• Whether ESDC exercised its discretion reasonably under subsection 19(2) for publicly available information.
• Whether information withheld under paragraph 20(1)(b) meets the definition of confidential third-party commercial or technical information.
• Whether ESDC exercised its discretion reasonably under subsection 20(5) for information related to a consenting third party.