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.
- ONSC awards $15,000 in privacy damages
- Newfoundland court says salary information not accessible to public
- NLCA holds that implied undertaking does not apply to medical report
- Arbitrator admits surreptitious audio recording
- Arbitrator says reference to record in opening statement does not extinguish implied undertaking
- BCCA discusses redaction of information from otherwise relevant documents
- BCCA issues decision on implied waiver of privilege
- SCC issues decision lending weight to litigation privilege
- SCC deals blow to privacy commissioner powers – privilege reigns supreme
- SCC says PIPEDA does not constrain a court’s procedural power
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