2016-2017 Annual Report on the Privacy Act

From April 1, 2016 to March 31, 2017

 

Introduction

Decription of the Institution's Structure

Delegation

Interpretation of the Statistical Report

Education and Training Activities

Overview of the New or Revised Institutional Policies and Procedures

Key Issues Relating to Privacy Complaints and/or Investigations

Time Monitoring for Processing Privacy Requests

Material Privacy Breaches

Privacy Impact Assessments

Personal Information Disclosed Pursuant to 8(2)(m) of the Privacy Act

Appendix A

Appendix B

 

Introduction

The Privacy Act (PA – the Act) gives Canadians the broad legal right to access and correct their personal information contained in federal government records. The PA also places limits on the collection, use and disclosure of personal information.

The Act provides government institutions with 30 days to respond to personal information requests. Additional time may be granted if there are many records to examine, other government agencies to be consulted, or documents to be translated. Access rights are subject to specific and limited exemptions.

This annual report to Parliament is submitted by the Public Sector Integrity Commissioner (the Commissioner) pursuant to section 72 of the PA. On April 15, 2007, the Public Servants Disclosure Protection Act (PSDPA) entered into force. It created the Office of the Public Sector Integrity Commissioner of Canada (the Office). The new legislation replaced the Treasury Board Policy on the Internal Disclosure of Information Concerning Wrongdoing in the Workplace.

The Office of the Public Sector Integrity Commissioner is mandated to establish a safe, independent, and confidential process for public servants and members of the public to disclose potential wrongdoing in the federal public sector. The Office also helps to protect from reprisal public servants who have filed disclosures or participated in related investigations.

The Public Sector Integrity Commissioner is an independent agent, reporting directly to Parliament.

Description of the institution’s structure

The Access to Information and Privacy (ATIP) Coordinator is the only employee dedicated, on a part-time basis, to fulfil the Privacy Act responsibilities. The Coordinator is assisted by a contractor for the processing of the requests.

Delegation

The Commissioner, as the head of the government institution, has designated, pursuant to section 73 of the PA, the persons holding the positions set out in the delegation order, or the persons occupying on an acting basis those positions, to exercise the powers, duties or functions of the Public Sector Integrity Commissioner as specified therein. A copy of the delegation order is included in Appendix A.

Interpretation of the statistical report

Appendix B provides a statistical report on the PA applications processed by the Office between April 1, 2016 and March 31, 2017.

The number of requests received this reporting period is consistent with what was seen in previous years, with the exception of the 2014-15 and the 2015-16 reporting years (see table 1). The increase in 2015-2016 is the result of one individual’s multiple requests. The Office received five new requests in this reporting period and one request was carried over from the previous period for a total of six requests. One of the five new requests was abandoned. All remaining requests were completed during this reporting period.

No consultation was received from other government institutions.

Portions of the documents requested were exempted under the following sections of the PA: 22.2, 26 and 27. Four extensions were applied under section 15(a)(i) of the PA.

No translations were required to respond to the requests. The Office spent $28,400.00 in resources administering the PA.

Table 1 – Five-year trend of privacy requests

*Total requests processed include any requests carried over from previous reporting periods.

Text version

This graphic is a line graph that illustrates the new requests received and total requests processed from fiscal years 2012-13 to 2016-17. Number of requests are presented in along the y axis, increasing in increments of 5. These are graphed against fiscal years from 2012–13 to 2016–17 on the x axis.

  2012-13 2013-14 2014-15 2015-16 2016-17
New requests received 6 6 1 32 5
Total requests processed 6 6 1 32 6

Education and training activities

Training on privacy was provided to PSIC employees throughout the reporting period on an ad hoc basis. A training curriculum for employees, inclusive of an ATIP module, is under consideration for development in the next reporting period.

Overview of new or revised institutional policies and procedures

There were no new or revised institutional policies or procedures implemented in the reporting period that had an impact on privacy.

Key issues relating to privacy complaints and/or investigations

No complaint was received by the Office during this reporting period.

Time monitoring for processing privacy requests

Though no formal time monitoring was conducted during the reporting period, the Office uses a case management system to track processing times regarding privacy requests. This tool assists the Access to Information and Privacy Coordinator and the contractor dedicated to this function in monitoring timelines to ensure compliancy with legislated deadlines.

Material privacy breaches

There were no material privacy breaches during this reporting period.

Privacy Impact Assessments

The Office did not complete any Privacy Impact Assessment (PIA) during this reporting period.

Personal information disclosed pursuant to 8(2)(m) of the Privacy Act

There were no disclosures made under paragraph 8(2)(m) during this reporting period.

 

Appendix A

Delegation Order

The Public Sector Integrity Commissioner of Canada, as the head of the government institution, hereby designates pursuant to section 73 of the Privacy Act, the person holding the position set out below, or the persons occupying on an acting basis those positions, to exercise the powers, duties or functions of the Public Sector Integrity Commissioner as specified below.

Position Sections of Privacy Act

Deputy Commissioner

ATIP Coordinator

Full Authority

Full Authority except for section 8(2)(m)

 

 

 

 

I hereby name France Duquette as Access to Information and Privacy Coordinator.

 

Date: May 10, 2017

Original signed by: Joe Friday, Public Sector Integrity Commissioner

 

Appendix B — 2016–17 Statistical Report

Statistical Report on the Privacy Act

Name of institution: Office of the Public Sector Integrity Commissioner of Canada

Reporting period: 04/01/17 to 03/31/17

Part 1 — Requests under the Privacy Act
  Number of Requests
Received during reporting period 5
Outstanding from previous reporting period 1
Total 6
Closed during reporting period 6
Carried over to next reporting period 0

 

Part 2 — Requests Closed During the Reporting Period
2.1 Disposition and completion time
Disposition of requests Completion Time
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 1 0 0 0 0 1
All exempted 0 0 3 0 0 0 0 3
All excluded 0 0 0 0 0 0 0 0
No records exist 0 1 0 0 0 0 0 1
Request abandoned 0 1 0 0 0 0 0 1
Total 0 2 4 0 0 0 0 6

 

2.2 Exemptions
Section Number of requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 0
22(1)(c) 0
22(2) 0
22.1 0
22.2 4
22.3 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 0
27 1
28 0

 

2.3 Exclusions
Section Number of requests
69(1)(a) 0
69(1)(b) 0
69.1 0
70(1)(a) 0
70(1)(b) 0
70(1)(c) 0
70(1)(d) 0
70(1)(e) 0
70(1)(f) 0
70.1 0

 

2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 0 0 0
Disclosed in part 1 0 0
Total 1 0 0

 

2.5 Complexity
2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 0 0 0
Disclosed in part 1209 10 1
All exempted 2038 0 3
All excluded 0 0 0
Request abandoned 0 0 1
Neither confirmed nor denied 0 0 0
Total 3247 10 5

 

2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less than 100 pages processed 101-500 pages processed 501-1000 pages processed 1001-5000 pages processed More than 5000 pages processed
Number of Requests Pages
disclosed
Number of Requests Pages
disclosed
Number of Requests Pages
disclosed
Number of Requests Pages
disclosed
Number of Requests Pages
disclosed
All disclosed 0 0 0 0 0 0 0 0 0 0
Disclosed in part 1 10 0 0 0 0 0 0 0 0
All exempted 3 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 1 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 5 10 0 0 0 0 0 0 0 0

 

2.5.3 Other complexities
Disposition Consultation required Legal advice sought Interwoven information Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 0 0 0 0 0

 

2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
Number of requests closed past the statutory deadline Principal Reason
Workload External consultation Internal consultation Other
0 0 0 0 0

 

2.6.2 Number of days past deadline
Number of days past deadline Number of requests past deadline where no extension was taken Number of requests past deadline where an extension was taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0

 

2.7 Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

 

Part 3 — Disclosures under subsections 8(2) and 8(5)
Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
0 0 0 0

 

Part 4 — Requests for correction of personal information and notations
Disposition for Correction Requests Received Number
Notations attached 0
Requests for correction accepted 0
Total 0

 

Part 5 — Extensions
5.1 Reasons for extensions and disposition of requests
Disposition of requests where an extension was taken 15(a)(i)
Interference with operations
15(a)(ii)
Consultation
15(b)
Translation or conversion
Section 70 Other
All disclosed 0 0 0 0
Disclosed in part 1 0 0 0
All exempted 2 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 3 0 0 0

 

5.2 Length of extensions
Length of extensions 15(a)(i)
Interference with operations
15(a)(ii)
Consultation
15(b)
Translation purposes
Section 70 Other
1 to 15 days 1 0 0 0
16 to 30 days 2 0 0 0
Total 3 0 0 0

 

Part 6 — Consultations received from other institutions and organizations
6.1 Consultations received from other Government of Canada institutions and other organizations
Consultations Other Government of Canada institutions Number of pages to review Other organizations Number of pages to review
Received during reporting period 0 0 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 0 0 0 0
Closed during the reporting period 0 0 0 0
Pending at the end of the reporting period 0 0 0 0

 

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation Number of days required to complete consultation requests
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

 

6.3 Recommendations and completion time for consultations received from other organizations
Recommendation Number of days required to complete consultation requests
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

 

Part 7 — Completion time of consultations on Cabinet Confidences
7.1 Requests with Legal Services
Number of Days Fewer than 100 pages processed 101–500 pages processed 501–1000 pages processed 1001–5000 pages processed More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0
 

 

7.2 Requests with Privy Council Office
Number of Days Less than 100 pages processed 101–500 pages processed 501–1000 pages processed 1001–5000 pages processed More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

 

Part 8 - Complaints and Investigations Notices Received
Section 31 Section 33  Section 35 Court action Total
 0  0  0  0  0

 

Part 9 - Privacy Impact Assessments (PIAs)
Number of PIA(s) completed 0

 

Part 10 - Resources related to the Privacy Act
10.1 Costs
Expenditures Amount
Salaries $10,000
Overtime $0
Goods and Services $18,400
Professional services contracts $18,000  
Other $400
Total $28,400

 

10.2 Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.14
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.18
Students 0.00
Total 0.32