Canadian privacy & access decisions

The complainant alleged that the Canada Revenue Agency (CRA) improperly withheld employee timesheet information under subsection 19(1) of the Access to Information Act. The request was for timesheets from April 19 to May 3, 2023, a period coinciding with a labour strike. The OIC accepted that User ID and PRI, if disclosed, would reveal an employee's choice to participate in or cross a picket line, thus constituting personal information not related to their position or function. However, for the remaining timesheet data (Date, Att/Abs type, Att/Abs text, Company, Status, Hours), the OIC found CRA's argument for withholding to be speculative and lacking concrete evidence that disclosure would lead to identification, especially given the large number of employees and various reasons for absence. The OIC concluded that this remaining information did not meet the requirements of subsection 19(1). The Commissioner ordered CRA to disclose the information that did not meet the requirements of subsection 19(1). CRA gave notice that it would partially implement the order, intending to withhold information associated with leave codes used by fewer than 10 employees.

• Whether User ID and PRI on timesheets constitute personal information under s.19(1) ATIA
• Whether the release of User ID and PRI would reveal an employee's personal choice regarding strike participation, thus not falling under the s.3(j) Privacy Act exception
• Whether the remaining timesheet information (Date, Att/Abs type, Att/Abs text, Company, Status, Hours) constitutes personal information under s.19(1) ATIA
• Whether there is a serious possibility that disclosing the remaining timesheet information would lead to the identification of individuals
• Whether CRA's evidence for identification was speculative or concrete
• Whether CRA reasonably exercised its discretion under s.19(2) ATIA for information meeting s.19(1) requirements

The complainant alleged that the Port Alberni Port Authority (PAPA) improperly withheld information under several exemptions of the Access to Information Act, specifically paragraphs 18(a), 18(b), 20(1)(b), 20(1)(c), and subsection 19(1), related to the lease of equipment. The complainant also alleged that PAPA failed to conduct a reasonable search for records. The investigation focused on the application of paragraph 20(1)(c) to specific rental rate amounts on two pages and the reasonable search allegation. The Commissioner found that PAPA could not demonstrate that the disclosure of the rental rates would reasonably be expected to cause material financial impact or harm the competitive position of the third party. However, the Commissioner was satisfied that PAPA conducted a reasonable search for records. Consequently, the complaint was found to be well founded regarding the exemption claim, and PAPA was ordered to disclose the redacted information.

• Whether s.18(a) ATIA (government financial, commercial, scientific or technical information) was properly applied
• Whether s.18(b) ATIA (competitive position of government institutions or negotiations by government institutions) was properly applied
• Whether s.19(1) ATIA (personal information) was properly applied
• Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) was properly applied
• Whether s.20(1)(c) ATIA (financial impact on a third party) was properly applied to rental rate amounts on pages 54 and 55
• Whether disclosure of rental rates could result in material financial loss or gain to the third party
• Whether there is a reasonable expectation of harm to the third party's financial impact or competitive position
• Whether Port Alberni Port Authority conducted a reasonable search for records