Canadian privacy & access decisions

The complainant asked for the number of paid subscribers to CBC Gem. The CBC claimed this information was excluded under section 68.1 (journalistic, creative, or programming activities) and exempt under paragraph 18(b) (competitive position). The Information Commissioner found that the subscriber numbers, while related to programming, also related to the CBC's general administration, engaging the exception to section 68.1. The Commissioner also found that the CBC failed to demonstrate a reasonable expectation of harm to its competitive position or negotiations, beyond a mere possibility, if the information were disclosed. The Commissioner ordered the CBC to disclose the information, but the CBC stated it would not implement the order.

• Applicability of section 68.1 exclusion to subscriber numbers
• Engagement of the exception to section 68.1 for general administration
• Demonstration of reasonable expectation of harm to competitive position under paragraph 18(b)
• Demonstration of reasonable expectation of interference with negotiations under paragraph 18(b)

The complainant alleged that Correctional Service Canada (CSC) improperly withheld information under subsection 19(1) of the Access to Information Act (ATIA). The request was for emails containing specific keywords related to COVID-19 and lockdowns. The Information Commissioner found that while some information, like contact tracing details and offender histories, properly qualified as personal information, other withheld information, such as the type of incidents in situation reports and dates of shifts for certain staff, did not. CSC was ordered to disclose the information that did not meet the requirements of subsection 19(1), and the institution indicated it would comply.

• Whether information withheld under subsection 19(1) of the ATIA qualifies as personal information.
• Whether the institution demonstrated that disclosing certain information (e.g., shift dates, type of incident) would identify an individual.
• Whether the institution reasonably exercised its discretion to disclose information under subsection 19(2) of the ATIA.