Access to information and Privacy Act : Exemptions and Equivalency

Question 1

1. Information obtained in confidence:

What is the equivalent of ATI - Section 13(1) in the privacy act

Answer 1

Privacy – Section 19(1)(a)

Question 2

2. Policing services:

What is the equivalent of Privacy – Section 22(2)

Answer 2

ATI - Section 16(3)

Question 3

3. Public Sector Integrity Commissioner:

What is the equivalent of ATI - Section 16.4(1)

Answer 3

Privacy – Section 22.2

Question 4

4. Public Servants Disclosure Protection Act:

What is the equivalent of ATI - Section 16.5

Answer 4

Privacy – Section 22.3

Question 5

5. National Security and Intelligence Committee:

What is the equivalent of ATI - Section 16.6

Answer 5

Privacy – Section 22.4

Question 6

6. Federal-provincial affairs

What is the equivalent of ATI - Section 14

Answer 6

Privacy – Section 20

Question 7

7. International affairs and defence:

What is the equivalent of Privacy – Section 21

Answer 7

ATI - Section 15(1)

Question 8

8. Law enforcement:

What is the equivalent of ATI - Section 16(1)

Answer 8

Privacy – Section 22(1)

Question 9

9. Safety of individuals:

What is the equivalent of Privacy – Section 25

Answer 9

ATI - Section 17

Question 10

10. Solicitor-client privilege:

What is the equivalent of ATI – Section S.23

Answer 10

Privacy – Section 27

Question 11

11. Patent or Trademark privilege:

What is the equivalent of Privacy – Section 27.1

Answer 11

ATI - Section S.23.1

Question 12

12. Personal information of another individual:

What is the equivalent of ATI - Section 19 mandatory

Answer 12

Privacy – Section 26 discretionary

Question 13

What’s S.19(1) Personal information of the ATI act ?

Answer 13

Personal information

The head of a government institution shall refuse to disclose any record requested under this Part that contains personal information

Question 14

What’s S.20(1) Third party information of the ATI act ?

Answer 14

Third party information

The head of a government institution shall refuse to disclose any record requested under this Part that contains Third party information

Question 15

What’s S.20(1) (a) Third party information of the ATI act ?

Answer 15

Third party information that pertains to trade secrets of a third party

Question 16

What’s S.20(1) (b) Third party information of the ATI act ?

Answer 16

Third party information that pertains to :

1. (confidential information) financial, commercial, scientific or technical information supplied to a government institution by a third party

and

2. Treated consistently in a confidential manner by the third party

B.1 supplied in confidence for the preparation, maintenance, testing or implementation by the government institution of emergency management plans within the meaning of section 2 of the Emergency Management (infrastructure, system, network or methods)

Question 17

What’s S.20(1) (c) Third party information of the ATI act ?

Answer 17

Third party information the disclosure of which could be expected to result in material financial loss or gain to, or be expected to prejudice the competitive position a third party

Question 18

What’s S.20(1) (D) Third party information of the ATI act ?

Answer 18

Third party information the disclosure of which could be expected to interfere with contractual or other negotiations of a third party

Question 19

What’s S.16(2) (c) Security of the ATI act ?

Answer 19

Information the disclosure of which could facilitate the commission of an offence including :

1. vulnerability of particular buildings or other structures or systems
2. Including computer or communication systems, or
3. Methods employed to protect such buildings or other structures or systems

Question 20

What’s S.16(2) Security of the ATI act ?

Answer 20

information that can facilitate the commission of an offence

The head of a government institution may refuse to disclose any record requested under this Part that contains information that can facilitate the commission of an offence

Question 21

21 (1) Operations of Government

Answer 21

The head of a government institution may refuse to disclose any record requested under this Part that contains information developed for Operations of Government

Question 22

21(1)(a)

Answer 22

Advice or recommendations: developed by or for a government institution

Question 23

21(1)(b)

Answer 23

Consultations or deliberations: consultations or deliberations in which an officer of the government of Canada participate

Question 24

21(1)(c)

Answer 24

Plans or positions: positions or plans developed for the purpose of negotiations carried by the Government of Canada

Question 25

21(1)(d)

Answer 25

Administration: plans that have not yet been put into operation relating to the * management of personnel or * the administration of a government institution

Question 26

22 Tests and audits

Answer 26

Testing or auditing procedures or techniques or details of specific tests to be given or audits to be conducted if the disclosure would prejudice the use or results of particular tests or audits

Question 27

22.1(1) Internal audits

Answer 27

draft report of an internal audit of a government institution if the record came into existence less than fifteen years before the request was made.

Question 28

23

Answer 28

Solicitor-client privilege: information that is subject to solicitor-client privilege

Question 29

26

Answer 29

Information to be published: the head of the institution believes that the material in the record will be published by a government institution within 90 days after the request is made any further period of for printing or translating the material

Question 30

Name all the excluded document under S.69 Confidence of cabinet

Answer 30

* 69(1)(a) memoranda * 69(1)(b) discussion papers * 69(1)(c) agenda or records of deliberations/decisions * 69(1)(d) discussions between ministers * 69(1)(e) records to brief ministers * 69(1)(f) draft legislation * 69(1)(g) Record containing information about confidence paragraphs (a) to (f) The act does not apply to any to Confidences of Cabinet of the Queen’s Privy Council for Canada

Question 31

What's a Class test ?

Answer 31

Class-based exemptions apply where the information falls within the class of information described in the exemption and there is no reference to any consequence that might result from the release of the information: Class-based exemptions presuppose that the information is inherently sensitive and that an injury or prejudice would automatically flow from release. Examples include: section 13, which protects information obtained in confidence from other governments; subsection 16(3), which deals with information obtained or prepared by the Royal Canadian Mounted Police while acting as a municipal or provincial police force; subsection 19(1), which protects personal information; and paragraphs 20(1)(a) and (b), which protect the trade secrets and the confidential financial, commercial, scientific or technical information of third parties. In each of these cases, the information belongs, or is viewed as belonging, to a third party - another government, an individual or a commercial entity. It is not federal government information per se. Class exemptions also apply in cases where the information has already been classified or identified, through some other mechanism, as requiring protection from disclosure. Examples of exempting provisions which recognize a preexisting basis for protection are section 23, solicitor and client privilege and section 24, where the need for confidentiality has been identified in some other statutory provision. The third set of class exemptions focuses on the type of information and the context in which it is generated and is based on the view that release of the information would automatically be contrary to the public interest and that protection from disclosure is therefore necessary. These exemptions are: paragraph 16 (1)(a), information obtained or prepared by specified investigative bodies in the course of lawful investigations - provided the information is less than twenty years old; paragraph 16(1)(b), information relating to investigative techniques or plans for specific lawful investigations; subsection 18(1), government trade secrets or financial, commercial, scientific or technical information that has, or is likely to have, substantial value; and subsection 21(1), advice or recommendations to the government, consultations involving government officials, positions, plans or considerations for government negotiations and plans regarding personnel management or government administration.

Question 32

What's an Injury test ?

Answer 32

Injury-based exemptions require that an injury be demonstrated before the exemption can be claimed. Injury exemptions, on the other hand, are based on a determination by the head of the institution that it is reasonable to expect that some injury, harm or prejudice will occur to the government, or to a third party commercial entity, if the information is released. Injury-based exemptions are found in: section 14, injury to federal provincial affairs; section 15, injury to international affairs and defence; paragraph 16(1)(c), injury to the enforcement of any law of Canada or a province or the conduct of lawful investigations; subsection 16(2), information which could reasonably be expected to facilitate the commission of an offence; section 17, safety of individuals; paragraphs 18(b), (c) and (d), injury or prejudice to the economic interests of Canada; paragraphs 20(1)(c) and (d), injury to third party interests; and section 22, prejudice to testing procedures, tests and audits.

Question 33

List Class-based exemptions

Answer 33

1. S. 13, 2. S.16(3) 3. S.16(1)(a)&(b) 4. S.18(1) 5. S.19(1) 6. S.20(a) &(b) 7. S.21, 8. S.23 9. S.24

Question 34

What is a mandatory exemption ?

Answer 34

Mandatory exceptions (exemptions) are situations where the head is not allowed to exercise discretion in denying access to information. The head hears evidence and makes findings of fact as to whether the requested record falls within the class of exception (exemption). If the record falls within this description the head must refuse access. Mandatory exception (exemptions) clauses contain phrases such as ‘the head must…’ or ‘the head shall…’ deny access. two common mandatory exceptions (exemptions) at use at shared services Canada are: 19(1) Personal information and 20(a.b or c) Third Party Information A mandatory exemption is one where the head of a government institution has no, or a more limited, discretion regarding whether to protect the sensitive information or not. That is, if the information is covered by the exemption and the conditions for the exercise of the discretion do not exist, then it must not be disclosed. A mandatory exemption offers a higher level of protection by allowing a government institution to assure the entities that are providing the sensitive information, sometimes under a statutory obligation, that it will not be released to a requester if it is covered by the exemption.

Question 35

What is a discretionary exemption ?

Answer 35

The head has the final decision to allow access or not. Two steps are required when dealing with discretionary exceptions (exemptions). First, the head must determine if the information requested falls into one of the categories of exceptions (exemptions). If it does not, then access is allowed and the process stops there. However, if the information falls into one of the categories of exceptions (exemptions) the head must then take a further step and decide if, given all the circumstances, access should be permitted. There are many situations where the head of a public body is allowed to exercise discretion in deciding whether an access request will be granted. The following list is not exhaustive, but provides examples of common types of information where granting access is at the discretion of the head of the public body: 16(2) Security, 21 (1) Operations of Government (Advice, etc), 22 Testing procedures, tests and audits, 23 Protected information — solicitors, advocates and notaries The head of the government institution has discretion whether to apply the exemption. Before applying a discretionary exemption, the institution has the responsibility of demonstrating that “ the information falls within the scope of the exemption''. Where the proof used to deny disclosure indicates that the head is relying on “irrelevant or unreasonable factors or on improper considerations” or that the choice is inconsistent with the purposes of the Act then the institution who processed the request could be the object of a complaint to the Office of the Information and Privacy Commissioner of Alberta.

Question 36

List ATI mandatory exemptions

Answer 36

1. S.13 2. S.16(3) 3. S.19 4. S.20(1) 5. S. 24

Question 37

List ATI Discretionary exemptions

Answer 37

1. S.16(2) 2. S.21 (1) 3. S.22 4. S.23 5. S.26

Question 38

Privacy Mandatory exemptions

Answer 38

1. S.19(1)(a) that was obtained in confidence from 2. S.22(2) Policing services, 3. S.22.1 Privacy Commissioner, 4. S.22.2 Public Sector Integrity Commissioner, 5. S.22.3 Public Servants Disclosure Protection Act, 6. S.22.4 National Security and Intelligence Committee,

Question 39

Privacy Discretionary exemptions

Answer 39

1. S.18(2) Exempt banks 2. S.20 Federal-provincial affairs 3. S.21 International affairs and defence 4. S.22 (1) Law enforcement 5. S.23(a) Security clearances, 6. S.23(b) Security clearances, 7. S.24(a) Individuals sentenced for an offence, 8. S.24(b) Individuals sentenced for an offence, 9. S.25 Safety of individuals, 10. S.26 Personal information of another individual, 11. S.27 Solicitor-client privilege, 12. S.27.1 Patent or Trademark privilege, 13. S.28 Medical records,