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2019–20 Annual Report on the Privacy Act

From April 1, 2019, to March 31, 2020

This document is also available in PDF.

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 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

Five-Year Trend of Privacy Requests
Text version
Fiscal year New requests received Total requests processed Footnote *
2015–16 32 31
2016–17 5 6
2017–18 1 1
2018–19 0 0
2019–20 10 10

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 PSIC 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.

Position Sections of Privacy Act

Deputy Commissioner

Full Authority

ATIP Coordinator Full 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 period 10
Outstanding from previous reporting period 0
Total 10
Closed during reporting period 10
Carried over to next reporting period 0

Section 2: Requests Closed during the Reporting Period

2.1 Disposition and Completion Time

Disposition of Requests Completion Time
1–15 days 16–30 days 31–60 days 61–120 days 121–180 days 181–365 days More than 365 days Total
All disclosed 1 0 0 0 0 0 0 1
Disclosed in part 0 1 2 0 0 0 0 3
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 4 2 0 0 0 0 0 6
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 5 3 2 0 0 0 0 10

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) 3
22.1 0
22.2 0
22.3 0
22.4 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 3
27 1
27.1 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

Paper Electronic Other
3 1 0

2.5 Complexity

2.5.1 Relevant Pages Processed and Disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
937 877 4
2.5.2 Relevant Pages Processed and Disclosed by Size of Requests
Disposition Less 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 1 2 0 0 0 0 0 0 0 0
Disclosed in part 0 0 2 337 1 538 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 1 2 2 337 1 538 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 Closed Requests

2.6.1 Number of Requests Closed within Legislated Timelines
Number of requests closed within legislated timelines 8
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 Deadline Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
2 2 0 0 0
2.7.2 Requests Closed Beyond Legislated Timelines (Including Any Extension Taken)
Number of Days Past Legislated Timelines Number of Requests Past Legislated Timelines where No Extension Was Taken Number of Requests Past Legislated Timelines where an Extension Was Taken Total
1–15 days 0 0 0
16–30 days 0 0 0
31–60 days 0 2 2
61–120 days 0 0 0
121–180 days 0 0 0
181–365 days 0 0 0
More than 365 days 0 0 0
Total 0 2 2

2.8 Requests for Translation

Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 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

Section 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

Section 5: Extensions

5.1 Reasons for Extensions and Disposition of Requests

Number of Requests Where an Extension Was Taken 15(a)(i) Interference with Operations 15(a)(ii) Consultation 15(b) Translation Purposes or Conversion
Further Review Required to Determine Exemptions Large Volume of Pages Large Volume of Requests Documents Are Difficult to Obtain Cabinet Confidence Section (Section 70) External Internal
2 0 2 0 0 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 or Conversion
Further Review Required to Determine Exemptions Large Volume of Pages Large Volume of Requests Documents Are Difficult to Obtain Cabinet Confidence Section (Section 70) External Internal
1-15 days 0 0 0 0 0 0 0 0
16-30 days 0 2 0 0 0 0 0 0
31 days or greater               0
Total 0 2 0 0 0 0 0 0

Section 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
1–15 days 16–30 days 31–60 days 61–120 days 121–180 days 181–365 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
1–15 days 16–30 days 31–60 days 61–120 days 121–180 days 181–365 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

Section 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
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
1–15 0 0 0 0 0 0 0 0 0 0
16–30 0 0 0 0 0 0 0 0 0 0
31–60 0 0 0 0 0 0 0 0 0 0
61–120 0 0 0 0 0 0 0 0 0 0
121–180 0 0 0 0 0 0 0 0 0 0
181–365 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
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
1–15 0 0 0 0 0 0 0 0 0 0
16–30 0 0 0 0 0 0 0 0 0 0
31–60 0 0 0 0 0 0 0 0 0 0
61–120 0 0 0 0 0 0 0 0 0 0
121–180 0 0 0 0 0 0 0 0 0 0
181–365 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

Section 8: Complaints and Investigations Notices Received

Section 31 Section 33 Section 35 Court Action Total
0 0 0 0 0

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

9.1 Privacy Impact Assessments

Number of PIA(s) completed 0

9.2 Personal Information Banks

Active Created Terminated Modified
0 0 0 0

Section 10: Material Privacy Breaches

Number of material privacy breaches reported to TBS 0
Number of material privacy breaches reported to OPC 0

Section 11: Resources Related to the Privacy Act

11.1 Costs

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

11.2 Human Resources

Resources Person Years Dedicated to Privacy Activities
Full-time Employees 0.05
Part-time and Casual Employees 0.00
Regional Staff 0.00
Consultants and Agency Personnel 0.05
Students 0.00
Total 0.10

Appendix C – Supplemental Statistical Report

Requests Received Number of Requests
Received from 2019-04-01 to 2020-03-13 10
Received from 2020-03-14 to 2020-03-31 0
Total 10
Requests Closed Number of Requests Closed Within the Legislated Timelines Number of Requests Closed Past the Legislated Timelines
Received from 2019-04-01 to 2020-03-13 and outstanding from previous reporting periods 8 2
Received from 2020-03-14 to 2020-03-31 0 0
Total 8 2
Requests Carried Over Number 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 period 0
Requests received from 2020-03-14 to 2020-03-31 that were carried over to the 2020–21 reporting period 0
Total 0
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