Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 61 In determining if the public interest clearly outweighs in importance the financial loss or gain, competitive prejudice, or interference in negotiations of a third party, the following can be considered:142 • Quantify the financial loss or gain, prejudice to competitive position or degree of interference in negotiations of the third party. • In the case of information described in subsection 19(1), what degree of importance is attached to keeping the information confidential. • What is the nature of the relationship between the government institution and the third party, i.e., why did the third party supply the information to the government. o Voluntary If so, what were the circumstances o Mandatory • Describe any chilling effect of disclosure, if any. • Describe any impact on the government relationship or duty to third party to maintain information in a confidential fashion. • What factors did the government institution consider in assessing whether subsection 19(3) applies. • Why did the government institution decide not to disclose pursuant to subsection 19(3). • Did the government institution consider the purposes of FOIP in its decision. For example, that it: o Provides for the right of access; o Government information should be available to the public; and o Necessary exemptions should be limited and specific. • Did the government institution consider: o The value of public education with respect to the subject matter of the information; o Public confidence in regulatory, enforcement or investigatory systems; o Need for public awareness of successes or failures of regulatory enforcement or investigatory systems; and 142 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 20(2), (5), (6): Questions – Disclosure Authorized in Public Interest. Available at https://www.oicci.gc.ca/en/investigators-guide-interpreting-act/section-20256-questions-disclosure-authorizedpublic-interest. Accessed September 4, 2019.
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