Canadian privacy & access decisions

The complainant alleged that Fisheries and Oceans Canada (DFO) improperly withheld records related to commercial fishing agreements with Eskasoni First Nation (EFN) from 2000 to 2020, citing exemptions under subsections 19(1), 20(1)(b), and 20(1)(c) of the Access to Information Act. The Information Commissioner found that DFO correctly applied subsection 19(1) to personal information that remained after some signatures were voluntarily disclosed. However, for much of the information withheld under paragraph 20(1)(b), DFO and EFN failed to demonstrate that it was objectively confidential, supplied by a third party, or consistently treated as confidential, leading to its rejection for many portions. The Commissioner upheld paragraph 20(1)(b) for specific financial details like EFN contribution amounts, salary information, activity costs, and supplier quotes. Furthermore, the Commissioner rejected the application of paragraph 20(1)(c), concluding that the alleged financial harm or competitive injury was speculative and lacked concrete evidence. Consequently, the complaint was found to be well founded. DFO was ordered to disclose the information improperly withheld under paragraphs 20(1)(b) and 20(1)(c), and the institution agreed to implement the order.

• Whether the information met the definition of "personal information" under s.19(1) ATIA.
• Whether DFO reasonably exercised its discretion under s.19(2) ATIA regarding personal information.
• Whether the information was financial, commercial, scientific, or technical under s.20(1)(b) ATIA.
• Whether the information was objectively confidential under s.20(1)(b) ATIA.
• Whether the information was not otherwise available from public sources (sub-criterion of confidentiality).
• Whether the information originated and was communicated with a reasonable expectation of confidence (sub-criterion of confidentiality).
• Whether the relationship between the government and third party would be fostered for public benefit by keeping the information confidential (sub-criterion of confidentiality).
• Whether the information was supplied by a third party to a government institution under s.20(1)(b) ATIA.
• Whether the third party consistently treated the information as confidential under s.20(1)(b) ATIA.
• Whether disclosure of the information could reasonably be expected to have a material financial impact on a third party under s.20(1)(c) ATIA.
• Whether disclosure of the information could reasonably be expected to harm a third party's competitive position under s.20(1)(c) ATIA.
• Whether the alleged harm under s.20(1)(c) ATIA was well beyond a mere possibility or speculative.