Canadian privacy & access decisions

The complainant alleged that Health Canada improperly withheld information under paragraphs 20(1)(b) and 20(1)(c) of the Access to Information Act, related to submissions for using Anafranil / Altius Clomipramine in the treatment of obsessive-compulsive disorder. During the investigation, the complainant narrowed the scope of the complaint to specific pages and no longer pursued the personal information exemption. Both Health Canada and the third party, AA Pharma Inc., declined to provide detailed representations to support the exemptions, stating that due to the passage of time, the exemptions no longer applied. The Information Commissioner found that the institution and third party failed to demonstrate that the exemptions were still applicable. Consequently, the Commissioner ordered Health Canada to disclose the information. Health Canada notified the Commissioner of its intent to comply with the order.

• Whether the information met the requirements of s.20(1)(a) ATIA (third-party trade secrets)
• Whether the information met the requirements of s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information)
• Whether the information met the requirements of s.20(1)(c) ATIA (financial impact on a third party)