Canadian Privacy Decisions

The complainant alleged that Health Canada improperly withheld information related to submissions for using Anafranil / Altius Clomipramine in the treatment of obsessive-compulsive disorder, citing exemptions related to third-party financial, commercial, scientific, or technical information. Both Health Canada and the third party indicated that due to the passage of time, the exemptions no longer applied. The Information Commissioner found the complaint well-founded and ordered Health Canada to disclose the withheld information, which the institution agreed to do.

• Whether information was properly withheld under paragraphs 20(1)(b) and 20(1)(c) of the Access to Information Act.
• Whether the passage of time rendered the claimed exemptions inapplicable.
• The burden on institutions and third parties to justify exemptions.
• The need for a clear and direct connection between disclosure and expected harm to justify exemption under paragraph 20(1)(c).