2019–20 Annual Report on the Privacy Act

From April 1, 2019, to March 31, 2020

Click to view the Report in PDF.



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 Act 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 Privacy Act.

On April 15, 2007, the Public Servants Disclosure Protection Act (PSDPA) came 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.

This last reporting period, the services of a program officer and of the Commission’s legal advisor were also sought to assist in the processing of a substantive request.

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 Annual Statistical Report

Appendix B provides a statistical report on the PA applications processed by the Office between April 1, 2019, and March 31, 2020.

There were ten formal requests received and closed during this reporting period, two of which required an extension under paragraph 15(a)(i) of the PA. None was carried over from the previous period.

One request was fully disclosed. Six requests had no records as a response. The remaining three requests were partially exempted under the provisions of subsection 22(2) of the PA, one of which was also partially exempted under section 27.

Some 937 pages were processed of which 877 were fully disclosed. The records of three requests were provided on paper and the other electronically.

No consultations were received from other government institutions.

No translations were required to respond to the requests.

The Office spent $28,828 in resources administering the PA.

Table 1 – Five-Year Trend of Privacy Requests

Fiscal yearNew requests receivedTotal requests processed*
2015–163231
2016–1756
2017–1811
2018–1900
2019–201010

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

Interpretation of the Supplemental Statistical Report

Appendix C provides a statistical report on the COVID-19 measures applied by the Office between March 1, 2019, and March 31, 2020.

There were no requests, formal or informal, nor any consultations received during this COVID-19 period.

Education and Training Activities

A formal briefing session covering the Bill C-58 amendments to the ATIA was delivered to all employees. The session also provided an overview of both the Access to Information Act and the Privacy Act.

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, as referred to in the report of the previous period, the complaints still remaining from the 2015–16 period were resolved in this reporting period. As for the complaint received in the 2018–19 period, it is still pending investigation by the Office of the Privacy Commissioner.

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) and 8(5) of the Privacy Act

There were no disclosures made under subsections 8(2) and 8(5) during this reporting period.


Appendix A – Delegation Order

Delegation Order
Text version

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 Privacy Act
Deputy CommissionerFull Authority
ATIP CoordinatorFull Authority, except for section 8(2)(m)

I hereby name Denis Bilodeau as Access to Information and Privacy Coordinator.

(Original signed by)

Joe Friday
Public Sector Integrity Commissioner

June 28, 2018


Appendix B – Annual Statistical Report

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

Reporting Period: 2019-04-01 to 2020-03-31

Section 1: Requests under the Privacy Act

 Number of Requests
Received during reporting period10
Outstanding from previous reporting period0
Total10
Closed during reporting period10
Carried over to next reporting period0

Section 2: Requests Closed during the Reporting Period

2.1 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 disclosed10000001
Disclosed in part01200003
All exempted00000000
All excluded00000000
No records exist42000006
Request abandoned00000000
Neither confirmed nor denied00000000
Total532000010

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)3
22.10
22.20
22.30
22.40
23(a)0
23(b)0
24(a)0
24(b)0
250
263
271
27.10
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

PaperElectronicOther
310

2.5 Complexity

2.5.1 Relevant Pages Processed and Disclosed
Number of Pages ProcessedNumber of Pages DisclosedNumber of Requests
9378774
2.5.2 Relevant Pages Processed and Disclosed by Size of Requests
DispositionLess than 100 Pages Processed101–500 Pages Processed501–1,000 Pages Processed1,001–5,000 Pages ProcessedMore than 5,000 Pages Processed
Number of RequestsPages
Disclosed
Number of RequestsPages
Disclosed
Number of RequestsPages
Disclosed
Number of RequestsPages
Disclosed
Number of RequestsPages
Disclosed
All disclosed1200000000
Disclosed in part00233715380000
All exempted0000000000
All excluded0000000000
Request abandoned0000000000
Neither confirmed nor denied0000000000
Total12233715380000
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 Closed Requests

2.6.1 Number of Requests Closed within Legislated Timelines
Number of requests closed within legislated timelines8
Percentage of requests closed within legislated timelines (%)80

2.7 Deemed Refusals

2.7.1 Reasons for Not Meeting Statutory Deadline
Number of Requests Closed Past the Statutory DeadlinePrincipal Reason
Interference with Operations / WorkloadExternal ConsultationInternal ConsultationOther
22000
2.7.2 Requests Closed Beyond Legislated Timelines (Including Any Extension Taken)
Number of Days Past Legislated TimelinesNumber of Requests Past Legislated Timelines where No Extension Was TakenNumber of Requests Past Legislated Timelines where an Extension Was TakenTotal
1–15 days000
16–30 days000
31–60 days022
61–120 days000
121–180 days000
181–365 days000
More than 365 days000
Total022

2.8 Requests for Translation

Translation RequestsAcceptedRefusedTotal
English to French000
French to English000
Total000

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

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

Section 4: Requests for Correction of Personal Information and Notations

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

Section 5: Extensions

5.1 Reasons for Extensions and Disposition of Requests

Number of Requests Where an Extension Was Taken15(a)(i) Interference with Operations15(a)(ii) Consultation15(b) Translation Purposes or Conversion
Further Review Required to Determine ExemptionsLarge Volume of PagesLarge Volume of RequestsDocuments Are Difficult to ObtainCabinet Confidence Section (Section 70)ExternalInternal
202000000

5.2 Length of Extensions

Length of Extensions15(a)(i) Interference with Operations15(a)(ii) Consultation15(b) Translation Purposes or Conversion
Further Review Required to Determine ExemptionsLarge Volume of PagesLarge Volume of RequestsDocuments Are Difficult to ObtainCabinet Confidence Section (Section 70)ExternalInternal
1-15 days00000000
16-30 days02000000
31 days or greater       0
Total02000000

Section 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

6.2 Recommendations and Completion Time for Consultations Received from other Government of Canada Institutions

RecommendationNumber of Days Required to Complete Consultation Requests
1–15 days16–30 days31–60 days61–120 days121–180 days181–365 daysMore than 365 daysTotal
All disclosed00000000
Disclose in part00000000
All exempted00000000
All excluded00000000
Consult other institutions00000000
Other00000000
Total00000000

6.3 Recommendations and Completion Time for Consultations Received from other Organizations

RecommendationNumber of Days Required to Complete Consultation Requests
1–15 days16–30 days31–60 days61–120 days121–180 days181–365 daysMore than 365 daysTotal
All disclosed00000000
Disclose in part00000000
All exempted00000000
All excluded00000000
Consult other institutions00000000
Other00000000
Total00000000

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of DaysFewer than 100 Pages Processed101–500 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 Processed101–500 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

Section 8: Complaints and Investigations Notices Received

Section 31Section 33Section 35Court ActionTotal
00000

Section 9: Privacy Impact Assessments (PIAs) and Personal Information Banks (PIBs)

9.1 Privacy Impact Assessments

Number of PIA(s) completed0

9.2 Personal Information Banks

ActiveCreatedTerminatedModified
0000

Section 10: Material Privacy Breaches

Number of material privacy breaches reported to TBS0
Number of material privacy breaches reported to OPC0

11.1 Costs

ExpendituresAmount
Salaries$18,000
Overtime$0
Goods and Services$10,828
  • Professional Services Contracts
$10,728 
  • Other
$100
Total$28,828

11.2 Human Resources

ResourcesPerson Years Dedicated to Privacy Activities
Full-time Employees0.05
Part-time and Casual Employees0.00
Regional Staff0.00
Consultants and Agency Personnel0.05
Students0.00
Total0.10

Appendix C – Supplemental Statistical Report

Requests ReceivedNumber of Requests
Received from 2019-04-01 to 2020-03-1310
Received from 2020-03-14 to 2020-03-310
Total10
Requests ClosedNumber of Requests Closed Within the Legislated TimelinesNumber of Requests Closed Past the Legislated Timelines
Received from 2019-04-01 to 2020-03-13 and outstanding from previous reporting periods82
Received from 2020-03-14 to 2020-03-3100
Total82
Requests Carried OverNumber of Requests
Requests received from 2019-04-01 to 2020-03-13 and outstanding from the previous reporting period that were carried over to the 2020–21 reporting period0
Requests received from 2020-03-14 to 2020-03-31 that were carried over to the 2020–21 reporting period0
Total0