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2018–19 Annual Report on the Privacy Act

From April 1, 2018, to March 31, 2019

Table of Contents

Introduction

The Privacy Act (PA) 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 PA 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 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 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 Commissioner is an independent Agent of 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, for training and education, and for reporting activities.

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 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, 2018, and March 31, 2019.

There were no requests received during this reporting period and none were carried over from the previous period.

No consultation was received from other government institutions.

No translations were required.

The Office spent $9,297 in resources administering the PA.

Table 1 – Five-Year Trend of Privacy Requests

  2014–15 2015–16 2016–17 2017–18 2018–19
New requests received 1 32 5 1 0
Total requests processed* 1 31 6 1 0

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

Education and Training Activities

A formal training session covering both the PA and the Access to Information Act was delivered to all PSIC employees. The session provided an overview of both Acts and covered current ATIP procedures within the Office.

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 complaints were received by the Office during this reporting period. However, back in 2015–16, a significant number of requests were received, all originating from one individual who filed a corresponding number of complaints over the Office’s handling of his privacy requests. The Office recognizes one’s right of access but, since then, this peak in privacy requests and the handling of the resulting complaints have represented an added burden for the Office. Resolution of the remaining complaints is expected in the 2019–20 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 Denis Bilodeau as Access to Information and Privacy Coordinator.

Date: June 28, 2018

Signed by: Joe Friday, Public Sector Integrity Commissioner

Appendix B

Statistical Report

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

Reporting Period: 2018-04-01 to 2019-03-31

Part 1: Requests under the Privacy Act
  Number of Requests
Received during reporting period 0
Outstanding from previous reporting period 0
Total 0
Closed during reporting period 0
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 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
No records exist 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0
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 0
22.3 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 0
27 0
28 0
2.3 Exclusions
Section Number of Requests
69(1)(a) 0
69(1)(b) 0
69.1 0
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
70.1 0
2.4 Format of Information Released
Disposition Paper Electronic Other Formats
All disclosed 0 0 0
Disclosed in part 0 0 0
Total 0 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 0 0 0
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
Total 0 0 0
2.5.2 Relevant Pages Processed and Disclosed by Size of Requests
Disposition Fewer than 100 Pages Processed 101–500 Pages Processed 501–1,000 Pages Processed 1,001–5,000 Pages Processed More than 5,000 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 0 0 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 0 0 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 0 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 0 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 0 0 0 0
16 to 30 days 0 0 0 0
Total 0 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 the 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 institutions 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 institutions 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 501–1,000 Pages Processed 1,001–5,000 Pages Processed More than 5,000 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 Fewer than 100 Pages Processed 101–500 Pages Processed 501–1,000 Pages Processed 1,001–5,000 Pages Processed More than 5,000 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
1  0  0  0 1
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 $2,800
Overtime $0
Goods and Services $6,497
  • Professional Services Contracts
 $6,397  
  • Other
 $100
Total $9,297
10.2 Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time Employees 0.01
Part-time and Casual Employees 0.00
Regional Staff 0.00
Consultants and Agency Personnel 0.03
Students 0.00
Total 0.04
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