Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 29 (2) A head may give access to a record that contains information described in subsection (1) with the written consent of the third party to whom the information relates. (3) Subject to Part V, a head may give access to a record that contains information described in subsection (1) if: (a) disclosure of that information could reasonably be expected to be in the public interest as it relates to public health, public safety or protection of the environment; and (b) the public interest in disclosure could reasonably be expected to clearly outweigh in importance any: (i) financial loss or gain to; (ii) prejudice to the competitive position of; or (iii) interference with contractual or other negotiations of; a third party. Subsection 19(1)(c) of FOIP is a mandatory, harm-based provision. It permits refusal of access in situations where disclosure could reasonably be expected to result in the harms outlined at subsections 19(1)(c)(i), (ii) and (iii) of FOIP. Government institutions and third parties should not assume that the harms are self-evident. The harm must be described in a precise and specific way to support the application of the provision. Subsection 19(1)(c)(i) Third party information 19(1) Subject to Part V and this section, a head shall refuse to give access to a record that contains: … (c) information, the disclosure of which could reasonably be expected to: (i) result in financial loss or gain to; … a third party; … (2) A head may give access to a record that contains information described in subsection (1) with the written consent of the third party to whom the information relates.
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