Canadian privacy & access decisions

The complainant alleged that Health Canada improperly withheld information under paragraph 20(1)(b) of the Access to Information Act and failed to conduct a reasonable search for records. The request sought documents related to stakeholder consultations on amendments to the Food and Drug Regulations concerning COVID-19 drugs. The OIC found that neither Health Canada nor the third parties established that the names of the third parties met the requirements of paragraph 20(1)(b), specifically regarding whether the information was financial, commercial, scientific, or technical, and whether it was confidential. The OIC also concluded that Health Canada did not conduct a reasonable search, noting issues with search parameters, lack of documentation, and failure to locate expected records. Consequently, the Information Commissioner ordered Health Canada to disclose the names of the third parties and conduct a new, comprehensive search for records. Health Canada agreed to comply with the order.

• Whether the names of third parties constitute financial, commercial, scientific or technical information under s.20(1)(b) ATIA
• Whether the names of third parties were confidential under s.20(1)(b) ATIA
• Whether the information was supplied by a third party under s.20(1)(b) ATIA
• Whether the third parties consistently treated the information as confidential under s.20(1)(b) ATIA
• Whether Health Canada conducted a reasonable search for records

A federal institution applied to the Information Commissioner for approval to decline to act on an access request, citing subsection 6.1(1) of the Access to Information Act. The institution argued that the request was vexatious and constituted an abuse of the right of access. The Commissioner reviewed the institution's submission and found that the institution successfully demonstrated that the access request in question was indeed an abuse of the right of access. Consequently, the Commissioner determined that the circumstances justified granting the institution's request to decline to process the access request. The application was therefore granted, allowing the institution to refuse to act on the request.

• Whether the access request was vexatious
• Whether the access request constituted an abuse of the right of access under s.6.1(1) ATIA