Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 68 • Is there already wide public coverage or debate of the issue and disclosing the records would not shed further light on the matter.157 A public interest does not exist where the interests being advanced are essentially private in nature. However, where a private interest in disclosure raises issues of more general application, a public interest may be found to exist.158 A public interest may not exist where a court process provides an alternative disclosure mechanism, and the reason for the request is to obtain records for a civil or criminal proceeding.159 A public interest is not automatically established where the applicant is a member of the media.160 The government institution should be able to clearly identify what the public interest would be. 3. Does the public interest clearly outweigh any invasion of privacy Public interest is not black and white; it is a matter of degree. There is always a balance to be struck.161 If a public interest is found to exist, the government institution must weigh that public interest against the personal privacy interests of the individuals whose personal information appears in the record. The public interest must be found to “clearly outweigh” any invasion of privacy that would result from disclosure. Clear means free from doubt; sure; unambiguous.162 Clearly outweigh: If a public interest is established, it must then be balanced against the purpose of the exemption that has been found to apply to determine whether it clearly outweighs that purpose. The public interest override provision recognizes that while 157 ON IPC Order P-613 at p. 9. 158 Gombu v. Ontario (Assistant Information and Privacy Commissioner) (2002), 59 O.R. (3d) 773. See also ON IPC Orders PO-4277 at [86] and PO-2472 at p. 10. 159 ON IPC Orders PO-2626 at p. 17 and PO-2472 at p. 10. 160 ON IPC Orders M-773 at p. 7 and PO-4277 at [87]. 161 Originated from AB IPC Order 096-002 at p. 17. Also cited in SK OIPC resource, Guide to FOIP, Chapter 4: Exemptions from the Right of Access for section 19(3) at p. 235. 162 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 317.
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