Canadian privacy & access decisions

The complainant alleged that the Social Sciences and Humanities Research Council of Canada (SSHRC) improperly withheld records concerning the Canada Research Chairs’ Equity, Diversity and Inclusion requirements, citing exemptions related to facilitating offenses, personal information, financial impact, negotiations, and advice/deliberations. While SSHRC successfully justified withholding some personal information under subsection 19(1) and advice/deliberations under paragraphs 21(1)(a) and 21(1)(b), it failed to demonstrate that other information met the criteria for exemptions under paragraphs 20(1)(b), 20(1)(c), and 20(1)(d). The Information Commissioner found the complaint well-founded and ordered SSHRC to disclose the remaining information, which SSHRC agreed to implement.

• Exemption under paragraph 16(2)(c) (facilitating commission of an offence)
• Exemption under subsection 19(1) (personal information)
• Exemption under paragraphs 20(1)(b), (c), (d) (third-party commercial/financial information, negotiations)
• Exemption under paragraphs 21(1)(a), (b) (advice, deliberations)

The complainant alleged that the Privy Council Office (PCO) improperly withheld records containing minutes from the Intelligence Advisory Committee (IAC) from 1989, citing exemptions related to confidential information from government bodies and international affairs/national security. During the investigation, PCO agreed to disclose most records but continued to withhold specific categories, including liaison officer titles, information on foreign intelligence visits, dissemination markings, names of CSE employees, and intelligence report titles. The Information Commissioner found that PCO failed to justify withholding these records under the cited exemptions. The Commissioner recommended disclosure of all withheld information, except for the names of liaison officers from allied countries, which the complainant did not object to redacting. PCO subsequently announced it would not implement the Commissioner's recommendations.

• Whether PCO properly applied exemptions under subsection 13(1) (confidential information from government bodies) and subsection 15(1) (international affairs, national security, defence) to the withheld records.
• Whether PCO provided sufficient evidence to demonstrate a reasonable expectation of harm from the disclosure of the withheld information.
• Whether PCO properly exercised its discretion in withholding information.
• Whether PCO's reliance on paragraph 21(1)(b) (account of consultations or deliberations) was justified.