Seller Beware: FIPPA Third-Party Exemption Not Applicable To Hospital Purchase Orders

On July 31, 2015 the Information and Privacy Commissioner of Ontario (IPC) issued Order PO-3518, in which it ordered a hospital to disclose invoices requested pursuant to a request made under the Freedom of Information and Privacy Act (FIPPA) .

The Order

In its Order, the IPC ruled that purchase orders and other internal documents created or issued by the hospital, and invoices issued by a software development company in connection with payments paid by the hospital to the company for its services did not qualify for exemption under the third party information exemption under section 17(1) of FIPPA. The IPC found that the purchase orders, invoices and other documents did not meet the "supplied" test in section 17(1) and ordered the hospital to disclose the records to the requester seeking access to the information.