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.
- Review of IPC exclusion decisions now (officially) subject to reasonableness review
- Arbitrator dismisses complaint that union misused employer’s confidential information
- BCLRB affirms decision denying grievor anonymity
- BC court strikes privacy breach claim as being within OIPC’s exclusive jurisdiction
- Ontario arbitrator upholds discharge for Facebook postings
- Alberta CA deals with FOI standing issue, settlement privilege and more
- Scope of employer’s forensic examination criticized by PSLRB
- SCC says the voluntary identification of an anonymous internet user is unlawful
- SCC affirms broad public sector decision-making privilege
- Court dismisses application for information about business partner’s employees
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