Canadian privacy & access decisions

The complainant alleged that the Canadian Broadcasting Corporation (CBC) improperly withheld the number of paid subscribers to its Gem streaming service under section 68.1 and paragraph 18(b) of the Access to Information Act. The Commissioner found that while the information related to CBC's programming activities, it also related to its general administration, thereby engaging the exception to the section 68.1 exclusion. Consequently, section 68.1 did not apply. Regarding paragraph 18(b), the Commissioner determined that CBC failed to demonstrate a reasonable expectation of harm to its competitive position or interference with negotiations, beyond a mere possibility. The Commissioner concluded that neither exemption applied and ordered CBC to disclose the information. CBC, however, notified the Commissioner that it would not implement the order, leading to a well-founded complaint.

• Whether the information relates to CBC's journalistic, creative or programming activities under s.68.1 ATIA
• Whether the information relates to CBC's general administration, engaging the exception to s.68.1 ATIA
• Whether s.68.1 ATIA applies when information relates to both programming activities and general administration
• Whether disclosure could reasonably be expected to harm CBC's competitive position under s.18(b) ATIA
• Whether disclosure could reasonably be expected to interfere with CBC's negotiations under s.18(b) ATIA
• Whether the CRTC's non-publication of subscriber figures supports CBC's claim of harm under s.18(b) ATIA

The complainant alleged that Correctional Service Canada (CSC) improperly withheld information under subsection 19(1) (personal information) of the Access to Information Act. The request sought emails to and from the Warden at Millhaven Institution related to COVID-19 and Structured Intervention Units. The investigation confirmed that some withheld information, such as names and contact details of staff and offenders for contact tracing, performance appraisals, and criminal history, met the requirements of subsection 19(1). However, the Commissioner found that other information, including dates of last and next shifts for CX and healthcare staff, names of individuals in an email discussing performance ratings, all information on page 77, and the type of incidents in situation reports, did not meet the criteria for personal information under subsection 19(1). CSC's exercise of discretion under subsection 19(2) was deemed reasonable as the circumstances for disclosure were not met. The Commissioner ordered CSC to disclose the information that did not meet the requirements of subsection 19(1), and CSC agreed to implement the order. The complaint was found to be well founded.

• Whether names and contact information of staff and offenders for COVID-19 contact tracing constitute personal information under s.19(1) ATIA
• Whether performance appraisals constitute personal information under s.19(1) ATIA
• Whether information related to intra-regional transfers constitutes personal information under s.19(1) ATIA
• Whether names, birthdates, and FPS numbers of offenders constitute personal information under s.19(1) ATIA
• Whether details regarding an offender’s criminal history constitute personal information under s.19(1) ATIA
• Whether dates of last shift and next shift for CX and healthcare staff constitute personal information under s.19(1) ATIA
• Whether dates of last shift and next shift for MAI and unit CM staff constitute personal information under s.19(1) ATIA
• Whether names of individuals in an email discussing proposed rating changes constitute personal information under s.19(1) ATIA
• Whether information on page 77 constitutes personal information under s.19(1) ATIA
• Whether the type of incident in situation reports constitutes personal information under s.19(1) ATIA
• Whether CSC reasonably exercised its discretion under s.19(2) ATIA to disclose information