The complainant alleged that Health Canada had improperly withheld information under subsection 19(1) (personal information), paragraphs 20(1)(b) (confidential third-party financial, commercial, scientific or technical information), 20(1)(c) (financial impact on a third party) and 21(1)(a) (advice or recommendations) and section 23 (solicitor-client privilege) of the Access to Information Act in response to an access request for records related to Dukoral, excluding product monographs. The complaint falls within paragraph 30(1)(a) of the Act.
During the investigation, the complainant decided it was no longer necessary for the Office of the Information Commissioner (OIC) to investigate the application of subsection 19(1) to withhold information, or any information about the production process or composition of Dukoral.
The institution and the third party did not demonstrate that all of the information withheld under paragraphs 20(1)(b) or 20(1)(c) met the requirements of these exemptions.
Certain information also did not meet the requirements of paragraph 21(1)(a), including factual information contained in emails.
The institution showed that the information withheld under section 23 met all the requirements of this exemption.
The Information Commissioner ordered that Health Canada disclose specific information withheld under paragraphs 21(1)(a), 20(1)(b) and 20(1)(c).
Health Canada gave notice that it would be implementing the order.
The complaint is well founded.