
Employment and Social Development Canada (Re), 2022 OIC 33
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.
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