21(1)The head of a public body shall refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party’s privacy.
21(2) A disclosure of personal information about a third party shall be deemed to be an unreasonable invasion of the third party’s privacy if
(a)
the personal information is personal health information,
(b)
the personal information was compiled and is identifiable as part of an investigation into a possible violation of a law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation,
(c)
disclosure could reasonably be expected to reveal the identity of a third party who has provided information in confidence to a public body for the purposes of law enforcement or the administration of an Act of the Legislature or an Act of the Parliament of Canada,
(d)
the personal information relates to eligibility for or receipt of income assistance, legal aid benefits, social service benefits or similar benefits, or to the determination of benefit levels,
(e)
the personal information relates to the third party’s employment, occupational or educational history,
(f)
the personal information was collected on a tax return or for the purpose of determining tax liability or collecting a tax,
(g)
the personal information describes the third party’s source of income or financial circumstances, activities or history,
(g.1)
the public body is not authorized to disclose the personal information under subsection 46(1),
(h)
the personal information consists of personal recommendations or evaluations, character references or personnel evaluations, or
(i)
the personal information indicates the third party’s racial or ethnic origin, religious or political beliefs or associations or sexual orientation.
21(3)Despite subsection (2), disclosure of personal information is not an unreasonable invasion of a third party’s privacy if
(a)
the third party has consented to or requested the disclosure,
(b)
there are compelling circumstances affecting the mental or physical health or the safety of the applicant or another person and notice of the disclosure is mailed to the last known address of the third party,
(c)
an Act of the Legislature or an Act of the Parliament of Canada expressly authorizes or requires the disclosure,
(c.1)
the disclosure is authorized under subsection 46(1),
(c.2)
the disclosure is required under subsection 46.1(3),
(d)
the disclosure is approved under section 47,
(e)
the information is about the third party’s business name, address, telephone number, facsimile number, electronic mail address or title,
(f)
the information is about the third party’s job classification, salary range, benefits, employment responsibilities or travel expenses
(i)
as an officer or employee of a public body,
(ii)
as a Minister of the Crown, or
(iii)
as an elected or appointed member of the governing council or body of a local public body or as a member of the staff of such a council or body,
(g)
the disclosure reveals financial or other details of a contract to supply goods or services to or on behalf of a public body,
(h)
the disclosure reveals information about a discretionary benefit of a financial nature granted by a public body to the third party, including the granting of a licence or permit, or
(i)
the information is about an individual who has been dead for more than 20 years.
21(4)If the third party consents to or requests disclosure under paragraph (3)(a), the head of the public body may
(a)
require the consent or request to be in writing, and
(b)
comply with the requirement to provide access by disclosing the information directly to the third party rather than to the applicant.
21(1)The head of a public body shall refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party’s privacy.
21(2) A disclosure of personal information about a third party shall be deemed to be an unreasonable invasion of the third party’s privacy if
(a)
the personal information is personal health information,
(b)
the personal information was compiled and is identifiable as part of an investigation into a possible violation of a law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation,
(c)
disclosure could reasonably be expected to reveal the identity of a third party who has provided information in confidence to a public body for the purposes of law enforcement or the administration of an Act of the Legislature or an Act of the Parliament of Canada,
(d)
the personal information relates to eligibility for or receipt of income assistance, legal aid benefits, social service benefits or similar benefits, or to the determination of benefit levels,
(e)
the personal information relates to the third party’s employment, occupational or educational history,
(f)
the personal information was collected on a tax return or for the purpose of determining tax liability or collecting a tax,
(g)
the personal information describes the third party’s source of income or financial circumstances, activities or history,
(h)
the personal information consists of personal recommendations or evaluations, character references or personnel evaluations, or
(i)
the personal information indicates the third party’s racial or ethnic origin, religious or political beliefs or associations or sexual orientation.
21(3)Despite subsection (2), disclosure of personal information is not an unreasonable invasion of a third party’s privacy if
(a)
the third party has consented to or requested the disclosure,
(b)
there are compelling circumstances affecting the mental or physical health or the safety of the applicant or another person and notice of the disclosure is mailed to the last known address of the third party,
(c)
an Act of the Legislature or an Act of the Parliament of Canada expressly authorizes or requires the disclosure,
(d)
the disclosure is made under section 47,
(e)
the information is about the third party’s business name, address, telephone number, facsimile number, electronic mail address or title,
(f)
the information is about the third party’s job classification, salary range, benefits, employment responsibilities or travel expenses
(i)
as an officer or employee of a public body,
(ii)
as a Minister of the Crown, or
(iii)
as an elected or appointed member of the governing council or body of a local public body or as a member of the staff of such a council or body,
(g)
the disclosure reveals financial or other details of a contract to supply goods or services to or on behalf of a public body,
(h)
the disclosure reveals information about a discretionary benefit of a financial nature granted by a public body to the third party, including the granting of a licence or permit, or
(i)
the information is about an individual who has been dead for more than 20 years.
21(4)If the third party consents to or requests disclosure under paragraph (3)(a), the head of the public body may
(a)
require the consent or request to be in writing, and
(b)
comply with the requirement to provide access by disclosing the information directly to the third party rather than to the applicant.
21(1)The head of a public body shall refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party’s privacy.
21(2) A disclosure of personal information about a third party shall be deemed to be an unreasonable invasion of the third party’s privacy if
(a)
the personal information is personal health information,
(b)
the personal information was compiled and is identifiable as part of an investigation into a possible violation of a law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation,
(c)
disclosure could reasonably be expected to reveal the identity of a third party who has provided information in confidence to a public body for the purposes of law enforcement or the administration of an Act of the Legislature or an Act of the Parliament of Canada,
(d)
the personal information relates to eligibility for or receipt of income assistance, legal aid benefits, social service benefits or similar benefits, or to the determination of benefit levels,
(e)
the personal information relates to the third party’s employment, occupational or educational history,
(f)
the personal information was collected on a tax return or for the purpose of determining tax liability or collecting a tax,
(g)
the personal information describes the third party’s source of income or financial circumstances, activities or history,
(h)
the personal information consists of personal recommendations or evaluations, character references or personnel evaluations, or
(i)
the personal information indicates the third party’s racial or ethnic origin, religious or political beliefs or associations or sexual orientation.
21(3)Despite subsection (2), disclosure of personal information is not an unreasonable invasion of a third party’s privacy if
(a)
the third party has consented to or requested the disclosure,
(b)
there are compelling circumstances affecting the mental or physical health or the safety of the applicant or another person and notice of the disclosure is mailed to the last known address of the third party,
(c)
an Act of the Legislature or an Act of the Parliament of Canada expressly authorizes or requires the disclosure,
(d)
the disclosure is made under section 47,
(e)
the information is about the third party’s business name, address, telephone number, facsimile number, electronic mail address or title,
(f)
the information is about the third party’s job classification, salary range, benefits, employment responsibilities or travel expenses
(i)
as an officer or employee of a public body,
(ii)
as a Minister of the Crown, or
(iii)
as an elected or appointed member of the governing council or body of a local public body or as a member of the staff of such a council or body,
(g)
the disclosure reveals financial or other details of a contract to supply goods or services to or on behalf of a public body,
(h)
the disclosure reveals information about a discretionary benefit of a financial nature granted by a public body to the third party, including the granting of a licence or permit, or
(i)
the information is about an individual who has been dead for more than 20 years.
21(4)If the third party consents to or requests disclosure under paragraph (3)(a), the head of the public body may
(a)
require the consent or request to be in writing, and
(b)
comply with the requirement to provide access by disclosing the information directly to the third party rather than to the applicant.