Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 38 • Would it have an adverse effect on sales or marketing. How. • Would disclosure reveal plans or strategy. If so, what kind of plans or strategy. o Product launch o Product approvals o Marketing plans o Business acquisitions o Asset acquisitions o Others • How would knowledge of these plans specifically prejudice the third party’s competitive position. • Is there an indication of how a competitor could use the information to its advantage, i.e., by developing competing pricing strategies. • Has the information or same subject matter been disclosed elsewhere. o Publications o In applications to government that are public o In the press o In annual reports, government filings o In public registries • How old is the information. If the information is not current, why would disclosure still adversely affect the third party. • Has similar information about the third party been made public in the past. If so, what was the impact. Was the impact quantifiable (e.g., lost sales or revenues). • Is information of this nature available about competitors of the third party. • Are there examples in other businesses where disclosure of similar information led to competitive prejudice. If so, describe and quantify the financial loss or gain. Why is the situation parallel to that of this third party. • What actions could the third party take to counteract potential competitive prejudice knowing the information would be disclosed. Pursuant to subsection 19(2) of FOIP, where a record contains third party information, the government institution can release it with the written consent of the third party. Pursuant to subsection 19(3) of FOIP, where a record contains third party information, the government institution can release it if disclosure is in the public interest and the information relates to public health, public safety, or protection of the environment. In addition, the public interest clearly outweighs in importance any financial loss or gain, prejudice to
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