Canadian privacy & access decisions

The complainant alleged that Employment and Social Development Canada (ESDC) improperly withheld information related to a contract for an Advanced Access to Information and Privacy consultant. ESDC had withheld portions of the records under various exemptions, including personal information (s.19(1)), third-party financial harm (s.20(1)(c)), consultations or deliberations (s.21(1)(b)), solicitor-client privilege (s.23), and statutory prohibitions (s.24(1)). The Commissioner found that ESDC improperly applied s.19(1) to certain information in a consultant's CV related to their position, function, and responsibilities, as this fell under exceptions to the definition of personal information. ESDC also failed to demonstrate reasonable efforts to seek consent for the release of other personal information. For s.20(1)(c), the Commissioner found that ESDC and third parties did not provide sufficient evidence to support the exemption for most of the withheld contract details, except for hourly rates. Regarding s.21(1)(b), ESDC failed to show that some withheld information constituted accounts of consultations or deliberations. The Commissioner upheld ESDC's application of s.23 and s.24(1). The complaint was found to be well founded, and ESDC was ordered to disclose the improperly withheld information and to make reasonable efforts to seek consent for other personal information.

• Whether s.19(1) ATIA (personal information) was properly applied to information in a consultant's CV related to position, function, and responsibilities
• Whether information related to position, function, and responsibilities falls under exceptions to the definition of personal information (Privacy Act s.3(j) and s.3(k))
• Whether ESDC made reasonable efforts to seek consent for the release of personal information under s.19(2)(a) ATIA
• Whether ESDC reasonably exercised discretion under s.19(2)(b) ATIA regarding publicly available personal information
• Whether ESDC reasonably exercised discretion under s.19(2)(c) ATIA regarding public interest in disclosure of personal information
• Whether s.20(1)(c) ATIA (financial impact on a third party) was properly applied to hourly rates
• Whether s.20(1)(c) ATIA (financial impact on a third party) was properly applied to names and details of candidates
• Whether s.20(1)(c) ATIA (financial impact on a third party) was properly applied to contract details (number of hours, days per week, maximum value of amendments, reference to third-party contract)
• Whether there was a reasonable expectation of material financial loss or harm to competitive position under s.20(1)(c) ATIA
• Whether s.21(1)(b) ATIA (accounts of consultations or deliberations) was properly applied to specific pages of records
• Whether information withheld under s.21(1)(b) constituted factual information
• Whether ESDC reasonably exercised discretion under s.21(1)(b) ATIA
• Whether s.23 ATIA (solicitor-client and litigation privilege) was properly applied
• Whether ESDC reasonably exercised discretion under s.23 ATIA
• Whether s.24(1) ATIA (disclosure restricted by another law) was properly applied to supplier business numbers under s.241 of the Income Tax Act