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2016–17 Annual Report on the Privacy Act

From April 1, 2016, to March 31, 2017

Table of Contents

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 the table below). 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.

Five-Year Trend of Privacy Requests

Fiscal YearNew Requests ReceivedTotal Requests Processed*
2012–1366
2013–1466
2014–1511
2015–163232
2016–1756

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

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.

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.

PositionSections of the Privacy Act
Deputy CommissionerFull Authority
ATIP CoordinatorFull Authority except section 8(2)(m)

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

(Original signed by)

Joe Friday
Public Sector Integrity Commissioner
May 17, 2017

Appendix B – Statistical Report

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

Reporting Period: 2016-04-01 to 2017-03-31

Part 1: Requests under the Privacy Act

 Number of Requests
Received during reporting period5
Outstanding from previous reporting periods1
Total6
Closed during reporting period6
Carried over the next reporting period0

Part 2: Requests Closed During the Reporting Period

3.1 Disposition and Completion Time

Disposition of RequestsCompletion Time
1–15 Days16–30 Days31–60 Days61–120 Days121–180 Days181–365 DaysMore than 365 DaysTotal
All disclosed00000000
Disclosed in part00100001
All exempted00300003
All excluded00000000
No records exist01000001
Request abandoned01000001
Neither confirmed nor denied00000000
Total02400006

2.2 Exemptions

SectionNumber 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
200
210
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
22.10
22.24
22.30
22.40
23(a)0
23(b)0
24(a)0
24(b)0
250
261
271
280

2.3 Exclusions

SectionNumber of Requests
69(1)(a)0
69(1)(b)0
69.10
70(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
70.10

2.4 Format of Information Released

DispositionPaperElectronicOther Formats
All disclosed000
Disclosed in part100
Total100

2.5 Complexity

2.5.1 Relevant Pages Processed and Disclosed
Disposition of RequestsNumber of Pages ProcessedNumber of Pages DisclosedNumber of Requests
All disclosed000
Disclosed in part1,209101
All exempted2,03803
All excluded000
Request abandoned001
Neither confirmed nor denied000
Total3,247105
2.5.2 Relevant Pages Processed and Disclosed by Size of Requests
DispositionLess than 100 Pages Processed100–500 Pages Processed501–1,000 Pages Processed1,001–5,000 Pages ProcessedMore than 5,000 Pages Processed
Number of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages Disclosed
All disclosed0000000000
Disclosed in part11000000000
All exempted3000000000
All excluded0000000000
Request abandoned1000000000
Neither confirmed nor denied0000000000
Total51000000000
2.5.3 Other Complexities
DispositionConsultation RequiredLegal Advice SoughtInterwoven InformationOtherTotal
All disclosed00000
Disclosed in part00000
All exempted00000
All excluded00000
Request abandoned00000
Neither confirmed nor denied00000
Total00000

2.6 Deemed Refusals

2.6.1 Reasons for Not Meeting Statutory Timelines
Number of Requests Closed Past the Statutory DeadlinePrincipal Reason
WorkloadExternal ConsultationInternal ConsultationOther
00000
2.6.2 Number of Days Past Deadline
Number of Days Past DeadlineNumber of Requests Past Deadline where No Extension Was TakenNumber of Requests Past Deadline where an Extension Was TakenTotal
1–15 days000
16–30 days000
31–60 days000
61–120 days000
121–180 days000
181–365 days000
More than 365 days000
Total000

2.7 Requests for Translation

Translation RequestsAcceptedRefusedTotal
English to French000
French to English000
Total000

Part 3: Disclosures under Subsections 8(2) and 8(5)

Paragraph 8(2)(e)Paragraph 8(2)(m)Subsection 8(5)Total
0000

Part 4: Requests for Correction of Personal Information and Notations

Disposition for Correction Requests ReceivedNumber
Notations attached0
Requests for correction accepted0
Total0

Part 5: Extensions

5.1 Reasons for Extensions and Dispositions of Requests

Disposition of Requests where an Extension Was Taken15(a)(i) Interference with Operations15(a)(ii) Consultation15(b) Translation or Conversion
Section 70Other
All disclosed0000
Disclosed in part1000
All exempted2000
All excluded0000
Request abandoned0000
Total3000

5.2 Length of Extensions

Length of Extensions15(a)(i) Interference with Operations15(a)(ii) Consultation15(b) Translation Purposes
Section 70Other
1–15 days1000
16–30 days2000
Total3000

Part 6: Consultations Received from Other Institutions and Organizations

6.1 Consultations Received from Other Government of Canada Institutions and Other Organizations

ConsultationsOther Government of Canada InstitutionsNumber of Pages to ReviewOther OrganizationsNumber of Pages to Review
Received during the reporting period0000
Outstanding from the previous reporting period0000
Total0000
Closed during the reporting period0000
Pending at the end of the reporting period0000

Part 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of DaysFewer than 100 Pages Processed100–500 Pages Processed501–1,000 Pages Processed1,001–5,000 Pages ProcessedMore than 5,000 Pages Processed
Number of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages Disclosed
1–150000000000
16–300000000000
31–600000000000
61–1200000000000
121–1800000000000
181–3650000000000
More than 3650000000000
Total0000000000

7.2 Requests with Privy Council Office

Number of DaysFewer than 100 Pages Processed100–500 Pages Processed501–1,000 Pages Processed1,001–5,000 Pages ProcessedMore than 5,000 Pages Processed
Number of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages Disclosed
1–150000000000
16–300000000000
31–600000000000
61–1200000000000
121–1800000000000
181–3650000000000
More than 3650000000000
Total0000000000

Part 8: Complaints and Investigations Notices Received

Section 31Section 33Section 35Court ActionTotal
00000

Part 9: Privacy Impact Assessments (PIAs)

Number of PIAs completed0

10.1 Costs

ExpendituresAmount
Salaries$10,000
Overtime$0
Goods and services$18,400
  • Professional services contracts
$18,000
  • Other
$400
Total$28,400

10.2 Human Resources

ResourcesPerson Years Dedicated to Privacy Activities
Full-time employees0.14
Part-time and casual employees0
Regional staff0
Consultants and agency personnel0.18
Students0
Total0.32
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