Take access to information requests seriously

I recently read a case coming out of the Alberta Office of the Information and Privacy Commissioner dealing with an access to information request. Though this was a case dealing with a public body, the principle applies to any information request: there was simply no reason to deny the disclosure of information.

The applicant asked for very specific information, and even acknowledged that he had no right to any personal information. He wanted some commencement and termination dates of group health plan coverage. The public body said no. He brought the matter to the privacy commissioner.

The public body argued that the information in the records constituted “personal information”, so the public body was exempt under the Freedom of Information and Protection of Privacy Act from having to provide the information. It also argued that the disclosure of the information would reveal trade secrets of a third party, or commercial, financial, labour relations, scientific or technical information of a third party.

The decision was clear: while the records did contain some personal information, that information could be severed, and the public body could provide all of the information the applicant requested. Further, the adjudicator could find no reason that the information requested would reveal trade secrets or harm the competitive or negotiating position of the third party.

The public body was ordered to release the information requested by the applicant as there was no reason to refuse to provide the information.

This case sends a clear message to all businesses who receive an access to information request. Take it seriously, and respond accordingly. If the information requested is not exempted under the Act, it must be provided, even if that means a record must be severed to accommodate the request.

Christina Catenacci
First Reference Human Resources and Compliance Editor

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Christina Catenacci, BA, LLB, LLM, Ph.D.

Christina Catenacci, BA, LLB, LLM, PhD, was called to the Ontario Bar in 2002 and has since been a member of the Law Society of Ontario. Christina worked as an editor with First Reference between 2005 and 2015 working on publications including The Human Resources Advisor (Ontario, Western and Atlantic editions), HRinfodesk, and First Reference Talks blog discussing topics in Canadian Labour and Employment Law. Christina obtained her Professional LLM Specializing in Labour Relations and Employment Law from Osgoode Hall Law School of York University in 2013, and recently earned her PhD in Law at the University of Western Ontario on October 23, 2020 in the area of privacy in the workplace.

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