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Dagg v. Canada ( Minister of Finance )

T-2662-91

Cullen J.

8/11/93

11 pp.

Application under Access to Information Act, s. 41 to review respondent's decision refusing to disclose portions of departmental sign-in sheets requested by applicant -- Applicant professional Access to Information Consultant and Requester -- Requesting sheets to obtain names of employees working overtime -- Respondent agreeing to disclose sheets but deleting names, identification numbers and signatures of employees -- Whether respondent erred in concluding names on sheets personal information within meaning of Privacy Act-Responses from Department of Finance and Information Commissioner ignoring law applicable herein -- Names on sign-in sheets not falling within scope of Privacy Act, s. 3(b), (c) or (i) nor within residual general ambit of section -- Names expressly dealt with in s. 3(i) -- Where one statutory provision expressly deals with specific term, other more general expressions in neighbouring provisions deemed to exclude specific term-Expression "employment history" in s. 3(b) not including detailed overtime information -- Benefit of doubt as to whether information "personal information" to be interpreted in favour of disclosure -- Whether predominant characteristic of information sought "personal" or professionally related -- Information of sign-in sheets predominantly of professional and non-personal nature -- Parliament's intention only very limited and specific type of information "personal information" and most information emanating from government should be disclosed -- Application allowed -- Access to Information Act, R.S.C., 1985, c. A-1, s. 41 -- Privacy Act, R.S.C., 1985, c. P-21, s. 3.

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