August 29, 2006 by Canadian Underwriter
Information and Privacy Commissioner Frank Work has upheld the decision of Alberta Finance (the “Public Body”) to refuse access to the draft KPMG actuarial report that helped set the rate for basic automobile insurance in 2003.
A press release from the Office of the Information and Privacy Commissioner of Alberta indicates that, “the Applicant had requested access to the report and the total cost of the report under the “Freedom of Information and Protection of Privacy Act.” The Public Body disclosed the total cost, according to the release.
The Commissioner found that the draft report was “advice” to the Public Body, which did not have to be disclosed under section 24(1)(a) the Act, according to the release.
In addition to this argument, the Commissioner found that the draft report did not have to be disclosed in the public interest because the Public Body had publicly released the final report.