MacKenzie v. Canada ( Department of National Health and Welfare )
T-1052-91
Wetston J.
23/11/94
9 pp.
Application for review of refusal to disclose records containing names of medical practitioners in Nova Scotia whose prescribing privileges restricted, revoked-Department, Information Commissioner concluding names of doctors "personal information" within definition in Privacy Act, s. 3, and excluded from disclosure by Access to Information Act, s. 19-Public interest not clearly outweighing individual's privacy right-Application dismissed-Names of individual doctors on list of restricted or revoked prescription writing privileges within Privacy Act, s. 3(i), and personal information properly withheld pursuant to Access to Information Act, s. 19-Doctors not consenting to disclosure-Information not publicly available as distribution of notification lists restricted to medical board, pharmacists, licensed dealers-S. 82)(m)(i) permitting disclosure where public interest "clearly outweighs" invasion of privacy resulting from disclosure-Letters of refusal not identifying specific public or private interests considered-S. 8(2)(m)(i) mandating more than blanket statement private interests override public's right to disclosure-Factors in support of non-disclosure: (1) disclosure might cause individuals further jeopardy in addition to revocation of prescribing privileges; (2) public interest served by notifying provincial medical board, retail pharmacies, licensed dealers; (3) practitioners would respect limitations on prescribing privileges because any breach necessarily coming to attention of respondent due to strict controls on prescription of drugs-Preferable for respondent to outline in greater detail private versus public interests at issue in arriving at decision not to disclose, but public interest not "clearly" outweighing potential invasion of privacy-Access to Information Act, R.S.C., 1985, c. A-1, ss. 4(1), 19(1),(2), 30, 41, 48-Privacy Act, R.S.C., 1985, c. P-21, ss. 3, 8.