Canadian privacy & access decisions

The complainant requested records related to CSL Group Inc., specifically policy and workplace health and safety committee reports from 2012 to 2022. Employment and Social Development Canada (ESDC) withheld information under several provisions of the Access to Information Act and was also alleged to have conducted an unreasonable search for records. The Commissioner found that ESDC failed to justify most of its exemption claims, including those under s.16(1)(c), s.16(2), s.20(1)(b), s.20(1)(c), s.21(1)(b), and s.23. While some personal information and specific recommendations were properly withheld under s.19(1) and s.21(1)(a) respectively, ESDC's exercise of discretion for other s.21(1)(a) information was deemed unreasonable. Furthermore, ESDC failed to demonstrate that it conducted a reasonable search for responsive records. Consequently, the complaint was found to be well-founded. The Commissioner ordered ESDC to disclose most of the withheld information, re-exercise discretion for certain records, and conduct a new, reasonable search for responsive records. ESDC notified the Commissioner of its intent to comply with the order.

• Whether ESDC improperly withheld information under s.16(1)(c) ATIA (law enforcement, conduct of investigations)
• Whether ESDC improperly withheld information under s.16(2) ATIA (facilitating the commission of an offence)
• Whether ESDC improperly withheld information under s.19(1) ATIA (personal information)
• Whether the corporate address on page 136 constitutes personal information under s.19(1) ATIA
• Whether non-personal information on business cards on page 138 constitutes personal information under s.19(1) ATIA
• Whether ESDC reasonably exercised its discretion under s.19(2) ATIA regarding personal information
• Whether ESDC improperly withheld information under s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information)
• Whether the information is financial, commercial, scientific or technical under s.20(1)(b) ATIA
• Whether ESDC improperly withheld information under s.20(1)(c) ATIA (financial impact on a third party)
• Whether disclosure could reasonably be expected to have a material financial impact or injure competitive position under s.20(1)(c) ATIA
• Whether ESDC improperly withheld information under s.21(1)(a) ATIA (advice or recommendations)
• Whether the information constitutes advice or recommendations under s.21(1)(a) ATIA
• Whether ESDC reasonably exercised its discretion under s.21(1)(a) ATIA regarding advice or recommendations
• Whether ESDC improperly withheld information under s.21(1)(b) ATIA (accounts of consultations or deliberations)
• Whether the information constitutes accounts of consultations or deliberations under s.21(1)(b) ATIA
• Whether ESDC improperly withheld information under s.23 ATIA (solicitor-client and litigation privilege)
• Whether the information is subject to solicitor-client privilege under s.23 ATIA
• Whether the information is subject to litigation privilege under s.23 ATIA
• Whether ESDC conducted a reasonable search for records

The complainant alleged that the Privy Council Office's (PCO) record-keeping practices for appointment processes did not comply with the Access to Information Act (ATIA), specifically regarding the disposal of interview notes. PCO stated that selection members take notes during interviews to aid deliberations, but these are considered transitory records and are disposed of after the final advice letter to the Minister is prepared, which constitutes the official record. The complainant also suggested PCO's practices might constitute an offense under the ATIA. The investigation found no evidence that records were destroyed with the intent to deny a right of access. Instead, the interview notes were deemed transitory records used in preparing advice letters. The Commissioner concluded that there was no obligation under the ATIA for PCO to retain these notes, nor did their destruction violate the Act. The complaint was therefore not well founded.

• Whether PCO's record-keeping practices for appointment processes comply with the ATIA
• Whether interview notes taken by selection members are transitory records
• Whether there was an obligation under the ATIA for PCO to retain interview notes
• Whether the destruction of interview notes constituted an offense under s.67.1 of the ATIA (destruction with intent to deny access)

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