Canadian Privacy Decisions

An institution applied for approval to decline an access request, arguing it was an abuse of the right to access information. The request sought millions of pages of complex procurement records dating back to 2011. The Commissioner found the request was indeed an abuse of the right of access due to its excessive breadth and the significant burden it would place on the institution's resources, potentially hindering other requesters' access rights. The Commissioner granted the institution's application to decline to act on the request.

• Whether the access request constituted an abuse of the right to make a request under section 6.1 of the ATIA.
• Whether the institution made reasonable efforts to assist the requester in clarifying or narrowing the request.
• Whether the estimated volume of records and complexity would overburden the institution's resources and impact other requesters' rights of access.
• The timeliness of the institution's application for approval to decline to act.

The complainant alleged that Library and Archives Canada (LAC) improperly withheld information from the "Rodal report" under several exemptions. Initially, LAC withheld information under sections 13(1), 15(1), 16(1)(c), and 23 of the Access to Information Act. During the investigation, LAC released most of the information, abandoning reliance on sections 16(1)(c) and 23. The OIC found that LAC could not initially demonstrate that the remaining withheld information met the requirements of section 13(1). However, the OIC was satisfied that LAC properly withheld information under section 15(1) after reasonable exercise of discretion, and that the information met the requirements of section 13(1). The complaint was found to be well-founded because LAC improperly withheld information initially.

• Whether information was properly withheld under section 13(1) (confidential information from government bodies).
• Whether information was properly withheld under section 15(1) (international affairs, defence).
• Whether LAC properly exercised its discretion in withholding information.
• Whether LAC properly ceased reliance on sections 16(1)(c) and 23.

The complainant alleged that Health Canada improperly withheld records related to Tetra Tech under exemptions related to confidential third-party information and accounts of deliberations. The Information Commissioner found that Health Canada failed to demonstrate that certain withheld information met the requirements for exemption under paragraph 20(1)(b) because it was publicly available, not supplied by the third party, or not objectively confidential. However, the Commissioner found that Health Canada properly exercised its discretion in withholding information under paragraph 21(1)(b). The complaint was found to be well-founded regarding the paragraph 20(1)(b) exemptions.

• Confidentiality of third-party information (s. 20(1)(b) ATIA)
• Financial impact on a third party (s. 20(1)(c) ATIA)
• Accounts of consultations or deliberations (s. 21(1)(b) ATIA)
• Reasonableness of discretion in withholding information