Canadian privacy & access decisions

The complainant alleged that Canada Post improperly withheld information under subsections 19(1), 18.1(1), and paragraph 20(1)(b) of the Access to Information Act. The request sought a health and safety strategy report and related invoicing from DuPont Sustainable (DSS). The OIC found that Canada Post failed to demonstrate that the information withheld under paragraph 20(1)(b) met the requirements for confidentiality, third-party supply, or consistent confidential treatment. Similarly, for subsection 18.1(1), Canada Post did not show that the information constituted a trade secret or confidential financial/commercial information belonging to it, or that it was consistently treated as confidential. However, the OIC upheld the application of subsection 19(1) for personal contact information. The Information Commissioner ordered Canada Post to disclose the information improperly withheld under paragraph 20(1)(b) and subsection 18.1(1). Canada Post agreed to implement the order, and the complaint was found to be well founded.

• Whether s.19(1) ATIA (personal information) was properly applied to contact details
• Whether the information was about an individual
• Whether there was a serious possibility of identification
• Whether the information fell under exceptions to 'personal information' in the Privacy Act
• Whether s.19(2) ATIA circumstances (consent, public availability, consistency with Privacy Act s.8) existed
• Whether Canada Post reasonably exercised its discretion under s.19(2) ATIA
• Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) was properly applied to invoice details
• Whether the information was financial, commercial, scientific or technical
• Whether the information was objectively confidential (not publicly available)
• Whether the information was objectively confidential (reasonable expectation of confidence)
• Whether the information was objectively confidential (relationship fostered for public benefit)
• Whether the information was supplied by a third party to a government institution
• Whether the third party consistently treated the information as confidential
• Whether s.18.1(1) ATIA (trade secrets or confidential financial, commercial, scientific or technical information of Canada Post) was properly applied to invoice and presentation content
• Whether the information constituted a 'trade secret'
• Whether the information was financial, commercial, scientific or technical information belonging to Canada Post
• Whether Canada Post consistently treated the information as confidential
• Whether s.18.1(2) ATIA (general administration exclusion) applied