Ontario University Can Withhold Certain Research Records From Freedom Of Information Request

On September 26, 2024, the Information and Privacy Commissioner of Ontario (IPC) issued Order PO-4555, upholding Ontario Tech University’s (Ontario Tech’s) decision to deny a member of the media’s (the Appellant’s) access to records relating to two research grants.

The Appellant initially submitted a request to Ontario Tech under the Freedom of Information and Protection of Privacy Act (FIPPA) for records relating to (i) the 2012 grant award entitled “Right-Wing Extremism in Canada: An Environmental Scan.”; and (ii) its 2018 research grant award entitled “Updating the Environmental Scan of Right- Wing Extremism in Canada.” In response to the request, Ontario Tech only granted the Appellant partial access to one record (the Record), taking the position that any other records fell under FIPPA’s section 65(8.1)(a) exclusion, which excludes certain research and teaching records from access requests to protect academic freedom and competitiveness.

The Appellant appealed Ontario Tech’s decision to the IPC, seeking access to the information withheld in the Record, and all other non-published records responsive to his request. The Appellant submitted that the subject matter of the access request relates to a “political project,” which is spreading “alarmist disinformation” across the country, and argued that the section 65(8.1)(a) exclusion should not be used by tax-payer funded public entities to hide information from public scrutiny. The Appellant raised the possible application of sections 23 and 11(1) of FIPPA, which require disclosure of records for public interest reasons.

The sole issue to be determined by the IPC on appeal was whether the research exclusion under FIPPA applied to the records sought by the Appellant. The IPC explained that for section 65(8.1)(a) to apply, it must be reasonable to conclude there is “some connection” between the record and the research “conducted or proposed by an employee of an educational institution or person associated with an educational institution”. The IPC ultimately found that the records in question have some connection to research conducted or proposed to be conducted by a university faculty member, and upheld Ontario Tech’s decision, concluding that the records were properly excluded.

Summary By: Claire Bettio