Canadian privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) improperly withheld information under subsections 15(1) (national security, defence) and 19(1) (personal information) of the Access to Information Act concerning historical Canadian intelligence assessments. The OIC found that PCO was justified in withholding information under subsection 19(1). However, PCO failed to demonstrate how the release of distribution markings, names of former Communications Security Establishment (CSE) employees, a distribution list of allies, information on nuclear development programs, and technology transfer details would cause a reasonable expectation of harm under subsection 15(1). The Commissioner noted that similar information had been previously released by PCO and other institutions, discrediting PCO's claims of harm. Furthermore, the Commissioner was not satisfied that PCO properly exercised its discretion in deciding against disclosure. The complaint was found to be well founded, and PCO was ordered to disclose the records in their entirety, but PCO indicated it would not implement the order.

• Whether s.19(1) personal information exemption was properly applied
• Whether s.15(1) national security, defence exemption was properly applied to distribution markings
• Whether s.15(1) national security, defence exemption was properly applied to names of CSE employees
• Whether s.15(1) national security, defence exemption was properly applied to a distribution list of allies
• Whether s.15(1) national security, defence exemption was properly applied to information on nuclear development programs
• Whether s.15(1) national security, defence exemption was properly applied to information on technology transfer
• Whether s.15(1) national security, defence exemption was properly applied to information on a region-based working group
• Whether PCO reasonably exercised its discretion to disclose information under s.15(1)

The complainant alleged that the Canada Mortgage and Housing Corporation (CMHC) improperly withheld information in response to an access request for final versions of documents. CMHC initially claimed exemptions under paragraphs 18(a), 18(b), 19(1), 20(1)(b), 21(1)(a), 21(1)(b), and section 23 of the Access to Information Act. During the investigation, the scope of the complaint was narrowed, and CMHC voluntarily disclosed some information previously withheld under paragraphs 18(a), 18(b), 21(1)(a), and 21(1)(b). The remaining information was withheld under paragraph 20(1)(b), concerning third-party financial, commercial, scientific, or technical information. The Information Commissioner found that CMHC and the third parties (TD Bank Financial Group and Andrew Kalotay Associates, Inc.) failed to demonstrate that the information met the requirements of paragraph 20(1)(b), as the third parties did not provide representations and CMHC could not show that all conditions for the exemption were met. Consequently, the Commissioner ordered CMHC to disclose all information withheld under paragraph 20(1)(b). CMHC agreed to implement the order.

• Whether s.18(a) ATIA (government trade secrets, government financial, commercial, scientific or technical information) was properly applied
• Whether s.18(b) ATIA (competitive position of government institutions, negotiations by government institutions) was properly applied
• Whether s.19(1) ATIA (personal information) was properly applied
• Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) was properly applied
• Whether the information is financial, commercial, scientific or technical under s.20(1)(b) ATIA
• Whether the information is confidential under s.20(1)(b) ATIA
• Whether the third party supplied the information to a government institution under s.20(1)(b) ATIA
• Whether the third party has consistently treated the information as confidential under s.20(1)(b) ATIA
• Whether s.21(1)(a) ATIA (advice or recommendations) was properly applied
• Whether s.21(1)(b) ATIA (accounts of consultations or deliberations) was properly applied
• Whether s.23 ATIA (solicitor-client privilege) was properly applied