Canadian privacy & access decisions

The complainant alleged that the Privy Council Office (PCO) improperly withheld the names of employees within the Prime Minister's Office under subsection 19(1) of the Access to Information Act. The request sought records related to the Minister of Revenue's announcement regarding audits of registered charities for political activities. The OIC's investigation focused on the application of subsection 19(1) to the names of exempt staff appearing in email chains. PCO argued that the information was personal information, citing a Supreme Court decision that clarified information about exempt staff is personal information. The OIC agreed that the names, in context, revealed more than just their identity and title, thus meeting the requirements for personal information and not falling under the exceptions in the Privacy Act. Furthermore, the OIC found that none of the circumstances under subsection 19(2) for discretionary disclosure existed, as consent was not given, and the specific context of their involvement was not publicly available. Therefore, the OIC concluded that the complaint was not well founded.

• Whether the names of employees within the Prime Minister's Office constitute 'personal information' under s.19(1) ATIA
• Whether the information falls under exceptions to the definition of 'personal information' in paragraphs 3(j) to 3(m) of the Privacy Act
• Whether the information falls under the exception in paragraph 3(j.1) of the Privacy Act for ministerial advisers or staff members
• Whether the individuals consented to the release of their personal information under s.19(2)(a) ATIA
• Whether the information was publicly available under s.19(2)(b) ATIA
• Whether disclosure would be consistent with section 8 of the Privacy Act under s.19(2)(c) ATIA
• Whether the institution reasonably exercised its discretion to disclose the information under s.19(2) ATIA