Evidence of meeting #75 for Access to Information, Privacy and Ethics in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-58.
A video is available from Parliament.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
—states in the act. I can't just supersede that.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
I have to go back to the Privacy Commissioner and explain to him that it's the law and that he's wrong. Is that what I have to do?
Information Commissioner of Canada, Office of the Information Commissioner of Canada
I disagree with his comments that the current Bill C-58 changes the interpretation of the personal information exemption or changes the balance between access to information and the privacy of information.
Liberal
Frank Baylis Liberal Pierrefonds—Dollard, QC
Where does he want to insert himself in the process, between this 13,000, the 300, the seven? At what point does he say, “I need to insert myself”?
You disagree with him; I get that. He says he has a job to do. You say, “Don't worry; it's always been this way. It can stay this way. It's my job. I'll do your job”, or his job or....
Where does he want to insert himself into the process?
Information Commissioner of Canada, Office of the Information Commissioner of Canada
I think you should ask him that.
Conservative
The Chair Conservative Bob Zimmer
We're at time.
We have another question from MP Cullen. He assures me that it's going to be less than five minutes.
Conservative
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
That's helpful. You can just cut me off. I'm getting used to running overtime.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
It's true.
Let's just pick up where Mr. Baylis was going.
This idea of the personal information exemption sits in Canadian statute law, which you are by law required to apply.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
Exactly.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Give me the exact moment, or the specific disagreement again, that you have with the Privacy Commissioner's interpretation.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
Under the way things are right now, the Privacy Commissioner is not involved in our investigations at all.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
The information commissioners, over the last 34 years, have interpreted, applied, and made recommendations in relation to the application of the personal exemption contained in the Access to Information Act.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Let me ask about that. Have you or previous commissioners been found in court to have applied that incorrectly? Have you allowed too much personal information out that and contravened the personal information exemption?
Information Commissioner of Canada, Office of the Information Commissioner of Canada
There is one case....
Deputy Commissioner, Legal Services and Public Affairs, Office of the Information Commissioner of Canada
There is one case in which the commissioner recommended that personal information be disclosed. It went to court, and the judge did find that it was personal information that shouldn't have been released. There's been one.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
There's been one case in 34 years in which you wanted to release information. It was uncertain whether that was too much, and a judge said it went too far and you couldn't give that information out.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
I have to qualify that. There is a reason that I decided to take that case to court. It's because we had several cases with the same complainant in relation to the same information with several institutions, and we were unable to resolve the matter until we got a determination from the court on the interpretation of that information.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
That was one case in 34 years in which the Information Commissioner's office took this question that Mr. Baylis is—
Information Commissioner of Canada, Office of the Information Commissioner of Canada
That's under my mandate, the one that I know.
NDP