Canadian Privacy Decisions

The complainant alleged that the Canada Border Services Agency (CBSA) improperly withheld records concerning cybersecurity and data breach risks associated with the ArriveCAN application, citing exemptions related to facilitating offences and third-party negotiations. During the investigation, CBSA disclosed some records but continued to withhold others under subsection 16(2) and claimed subsection 19(1) for personal information. The Information Commissioner found that while some information properly fell under subsection 16(2), other withheld information did not. Furthermore, CBSA failed to properly consider the disclosure of personal information under subsection 19(1). Although the complaint was found well-founded, the issue was resolved as CBSA released additional information and the complainant was satisfied.

• Applicability of subsection 16(2) (facilitating the commission of an offence)
• Applicability of paragraph 20(1)(d) (negotiations by a third party)
• Proper application of subsection 19(1) (personal information) and the discretion required under subsection 19(2)
• Procedural fairness regarding the submission of representations after an initial report

The complainant alleged that the Canadian Broadcasting Corporation (CBC) improperly withheld records containing communications between CBC and Twitter employees, citing exemptions related to the safety of individuals and personal information. The OIC found that the CBC failed to demonstrate that disclosing the requested information would reasonably be expected to threaten an individual's safety or facilitate the commission of an offence. The Commissioner ordered the CBC to disclose the withheld information.

• Whether the CBC properly applied section 17 (safety of individuals) to withhold records.
• Whether the CBC properly applied subsection 16(2) (facilitating the commission of an offence) to withhold records.
• Whether the CBC properly applied subsection 19(1) (personal information) to withhold records.
• The standard of proof for demonstrating a reasonable expectation of harm under sections 16(2) and 17.