Canadian Privacy Decisions

The complainant alleged that Transport Canada improperly withheld portions of a hazardous occurrence investigation report concerning the death of a CN employee, citing personal information (subsection 19(1)) and confidential third-party commercial/technical information (paragraph 20(1)(b)) exemptions. The Information Commissioner found that certain information, including train and track numbers and details in witness statements, did not meet the criteria for exemption under subsection 19(1). The Commissioner also found that Transport Canada did not adequately demonstrate that the information met the four requirements for exemption under paragraph 20(1)(b). Consequently, the Commissioner ordered Transport Canada to disclose specific withheld information.

• Whether certain information in the investigation report qualified as personal information under subsection 19(1) ATIA, considering the serious possibility of identification.
• Whether Transport Canada reasonably exercised its discretion to disclose information under subsection 19(2) ATIA.
• Whether certain information qualified as confidential third-party financial, commercial, scientific, or technical information under paragraph 20(1)(b) ATIA.
• Whether information was objectively confidential, originated in a reasonable expectation of confidence, and its disclosure was in the public interest.

The complainant alleged that Natural Resources Canada (NRCan) improperly withheld information related to a contract under paragraphs 20(1)(b) and 20(1)(c) of the Access to Information Act. The OIC found that NRCan and the third party did not demonstrate that all the requirements for these exemptions were met for most of the withheld information. The Commissioner recommended disclosing all information except for a void cheque and the unit prices and quantities. NRCan disclosed some additional information but not all that was recommended, leading to the complaint being found well-founded.

• Whether information was confidential third-party financial, commercial, scientific or technical information under paragraph 20(1)(b) of the ATIA.
• Whether disclosing information could reasonably be expected to have a material financial impact on a third party or harm its competitive position under paragraph 20(1)(c) of the ATIA.
• Whether the institution met the requirements of the exemptions claimed.
• Whether the institution implemented the Commissioner's recommendation.