On November 27th, the IPC/Ontario held that a request for twelve years of electronic data on incidents involving houses used for illegal marijuana grow operations and/or clandestine labs was not a request for “records” because the required production process would “unreasonably interfere” with the operations of the Ministry of Community Safety and Correctional Services. As it has done successfully before, MCSCS argued that the security sensitive nature of its data precluded outsourcing. In this case, MCSCS also successfully argued that its data was not structured in a manner that allowed for production without a manual review for responsiveness; at an estimated 10 minutes per record for review, the request would have taken at least 2334 hours to answer.
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A legal blog about privacy and access to information, protection of confidential business information, libel and slander and the law of production. It is authored by five lawyers from Hicks Morley, a Toronto-based management-side human resources law and advocacy firm. Please read the Disclaimer below.
- IPC tweaks data security guidance from HO-013
- BC employee medical information case of note
- IPC notes an inconsistency in its treatment of OHIP billings as personal information
- Arbitrator awards privacy damages for implying an employee suffered from mental distress
- A broader implication of the SCC’s decision in Fearon
- FOI matter moot because the stated reasons for a request spent
- HO, HO, HO-013 – Big order for Ontario hospitals lands just before the holidays
- Newfoundland privacy breach class action moves forward
- Addressing the privacy interests of affected individuals
- Police disclosure of accused’s HIV status breaches s 7, stay denied
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