Section 20(1)(b): Questions

Archived [2008-11] – Investigator's Guide to Interpreting the Act

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Paragraph -- 20(1)(b)
Statement of Test to be Met
Financial, commercial, scientific or technical information
Relevant Questions	Departmental Response	Assessment
Financial/Commercial What does the record describe? What activity of the third party does this relate to? Is the activity commercial in nature? Does the information relate to sales or marketing? Does it contain proposals to provide services to government? Does the record contain pricing information work plans costing budgets financial proposals financial analysis financial statements loans, other security business plans or strategy assessment of market potential market research equity, public, private offerings asset valuation leasing costs, etc. Scientific/Technical What does the record describe? What activity of the third party does it describe? Where does this activity take place? in a lab in a production facility in a research facility Does the record describe: product standards product specifications production process work methodology production capacity or other production details descriptions of equipment, software or other assets used in production

Statement of Test to be Met
Assess degree of specialization, must not be generally available public know-how
Relevant Questions	Departmental Response	Assessment
How complicated is the process, methodology or work plan? is it specialized? is it unique to the third party? Does the information convey something beyond what a member of the general public would know or be able to accomplish on their own, without the information?

Statement of Test to be Met
Confidential information treated consistently in a confidential manner by a third party
Relevant Questions	Departmental Response	Assessment
How is the information stored? is it locked? Is it protected from general access on a computer system? To whom is the information in the record made available? within the third party outside of the third party What restrictions are imposed on use of the information when it is circulated? within the third party outside the third party Is the information contained in a government tender document? if so, on what basis is it confidential Is the record a response to a call for tenders? if so, has the contract been granted if yes, was the third party awarded the contract have the terms of the contract been publicly disclosed Was the information generated solely by the third party? if not, by whom did this other person circulate the information or make it available to others? Why is there a need to keep the information confidential? Is the information publicly known? disclosure in public government documents estimates, annual reports, to Parliamentary Committees, contracting disclosure, etc.? disclosure in the press general public knowledge how was this knowledge obtained published elsewhere contained in speeches, used in seminars Is use of the information licensed? how Are there terms in the licence which prohibit disclosure by the licensee? Has the government institution maintained the information in a confidential manner? Where in the government has the information been disclosed? to House of Commons Committee to MPs under what conditions was it provided How is the information stored by the government? Is the third party obligated to provide the information under regulations, statutes or during government inspections, investigations? Would the third party stop providing the information if it was disclosed? Was there a direction by the third party to the government institution that the information was being supplied on a confidential basis and was to be maintained on a confidential basis? Is there a history of supplying this information on a confidential basis? how has it been treated in the past Is there anything about the circumstances or the information which requires that the information be supplied or maintained on a confidential basis? what why

Statement of Test to be Met
Supplied to a government institution by a third party
Relevant Questions	Departmental Response	Assessment
Is the record authorized by the third party or given to the government by the third party? If not, does the record information supplied by the third party? Is this information available by observation without the third party providing it? Was the information obtained during a government official's visit, inspection, or investigation? Check if subsection 20(2), (5) or (6) applies See grids on these subsections