Canadian privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) improperly withheld information under subsections 16(2) and 19(1) of the Access to Information Act. The request sought records concerning a meeting between Clerk John Hannaford and the official languages commissioner. The Commissioner found that PCO appropriately applied subsection 16(2) to a phone number, concluding that its disclosure could reasonably facilitate the commission of an offence and that PCO's exercise of discretion was reasonable. However, the Commissioner determined that PCO improperly applied subsection 19(1) to a signature and two initials, as PCO failed to demonstrate why this information, used in the performance of official duties, was not excluded from the definition of personal information by paragraph 3(j) of the Privacy Act. The Office of the Privacy Commissioner concurred with this assessment. Despite being given an opportunity to release the information informally, PCO did not respond. The Commissioner ordered PCO to disclose the signature and initials, which PCO ultimately agreed to do after obtaining consent from the individuals involved, while still maintaining its disagreement with the Commissioner's position.

• Whether the disclosure of a phone number could reasonably be expected to facilitate the commission of an offence under s.16(2) ATIA
• Whether the institution reasonably exercised its discretion in applying s.16(2) ATIA
• Whether a signature and initials on official documents constitute personal information under s.19(1) ATIA
• Whether the signature and initials are excluded from the definition of personal information by paragraph 3(j) of the Privacy Act
• Whether the institution sufficiently justified the application of s.19(1) ATIA

An anonymous applicant complained that Transport Canada improperly withheld records related to a workplace fatality under sections 19(1), 20(1)(b), and 20(1)(c) of the Access to Information Act, and failed to conduct a reasonable search. During the investigation, Transport Canada also invoked sections 16(1)(c) and 16(2), and the reasonable search complaint was resolved. The Commissioner found that most personal information was properly withheld under section 19(1), and Transport Canada's exercise of discretion under section 19(2) was reasonable. However, the Commissioner rejected the application of sections 16(1)(c), 20(1)(c), and 24(1), finding no reasonable expectation of harm or that the information did not meet the exemption criteria. While section 16(2) was upheld for URLs and passwords, Transport Canada failed to demonstrate it had exercised its discretion. Section 20(1)(b) was upheld in part, with significant portions of information ordered disclosed as they did not meet all the exemption's requirements. Consequently, the complaint was found well-founded, and Transport Canada was ordered to disclose specific information and re-exercise its discretion for other records.

• Whether Transport Canada improperly withheld information under s.19(1) ATIA (personal information).
• Whether Transport Canada reasonably exercised its discretion under s.19(2) ATIA regarding personal information.
• Whether Transport Canada improperly withheld information under s.16(1)(c) ATIA (conduct of investigations).
• Whether disclosure of information could reasonably be expected to harm the conduct of lawful investigations under s.16(1)(c) ATIA.
• Whether Transport Canada improperly withheld information under s.16(2) ATIA (facilitating the commission of an offence).
• Whether Transport Canada reasonably exercised its discretion under s.16(2) ATIA regarding information that could facilitate an offence.
• Whether Transport Canada improperly withheld information under s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information).
• Whether the information met the "financial, commercial, scientific or technical" requirement of s.20(1)(b) ATIA.
• Whether the information was "confidential" by an objective standard under s.20(1)(b) ATIA.
• Whether the information was "supplied by" a third party under s.20(1)(b) ATIA.
• Whether the third party "consistently treated the information as confidential" under s.20(1)(b) ATIA.
• Whether Transport Canada improperly withheld information under s.20(1)(c) ATIA (financial impact on a third party).
• Whether disclosure could reasonably be expected to result in material financial loss or gain to the third party under s.20(1)(c) ATIA.
• Whether disclosure could reasonably be expected to injure the competitive position of the third party under s.20(1)(c) ATIA.
• Whether Transport Canada improperly withheld information under s.24(1) ATIA (disclosure restricted by another law).
• Whether the information related to a "secret process or trade secret" under s.24(1) ATIA.
• Whether Transport Canada conducted a reasonable search for records.