Canadian privacy & access decisions

The complainant alleged that Global Affairs Canada (Global Affairs) improperly withheld information under subsections 13(1) and 15(1) of the Access to Information Act concerning consultations on military operations. During the investigation, Global Affairs made a supplementary disclosure but continued to withhold certain portions. The OIC found that Global Affairs failed to demonstrate that all requirements for the claimed exemptions were met and did not reasonably exercise its discretion regarding disclosure. Specifically, the OIC determined that much of the information was not foreign-sourced as required by s.13(1) and that Global Affairs did not adequately justify the harm required for s.15(1), especially given prior disclosures of similar information. The Commissioner informed Global Affairs of her intention to order disclosure and re-exercise of discretion. Global Affairs subsequently released all previously withheld information, rendering a formal order unnecessary. The complaint was found to be well founded.

• Whether the information was obtained in confidence from a specified government body under s.13(1)
• Whether Global Affairs reasonably exercised its discretion to disclose information under s.13(2)
• Whether disclosure could reasonably be expected to harm international affairs, national security, or defence under s.15(1)
• Whether Global Affairs reasonably exercised its discretion to disclose information under s.15(2)