When is Purchase Agreement Information Exempt as Third Party Information?

Today’s article should be of interest to anyone who applies the mandatory third party exemption in section 17(1) of FIPPA (or its equivalent in section 10(1) of MFIPPA) to purchase agreements, service agreements, and supporting documents such as the records of discussions surrounding decisions to purchase products and/or services.

The Divisional Court of Ontario recently unanimously affirmed a decision of the Information and Privacy Commissioner of Ontario (IPCO) describing how the mandatory third party exemption in section 17(1) of FIPPA applies to information supplied by a vendor during the procurement process and to the resulting service agreement itself.