2015-16 Annual Reports on the Access to Information Act and the Privacy Act

Table of Contents

• Report on the Access to Information Act
  1. Introduction
  2. Administration
  3. Delegation Order for Access to Information Act
  4. Statistical Report on the Access to Information Act
  5. Training
  6. Policies, Guidelines and Procedures
  7. Complaints and Investigations
  8. Completion Time and Extensions
• Report on the Privacy Act
  1. Introduction
  2. Administration
  3. Delegation Order for Privacy Act
  4. Statistical Report on the Access to Privacy Act
  5. Training
  6. Policies, Guidelines and Procedures
  7. Complaints and Investigations
  8. Completion Time and Extensions
  9. Privacy breaches
  10. Privacy Impact Assessment
  11. Disclosures Under Paragraphs 8(2)(m) of the Privacy Act

Report on the Access to Information Act

1. Introduction

The Access to Information Act gives Canadian citizens, as well as people and corporations present in Canada, the right to access to federal government records that are not of a personal nature. The Act complements but does not replace other procedures for obtaining Government information. It is not intended to limit in any way the access to Government information that is normally available to the public upon request.

This report has been prepared and tabled in parliament in accordance with section 72 of the Access to Information Act.

The raison d’être of the Military Grievances External Review Committee (the Committee or MGERC) is to provide an independent and external review of military grievances. Section 29 of the National Defence Act (NDA) provides a statutory right for an officer or a non-commissioned member who has been aggrieved, to grieve a decision, an act or an omission in the administration of the affairs of the Canadian Armed Forces. The importance of this broad right cannot be overstated since it is, with certain narrow exceptions, the only formal complaint process available to Canadian Armed Forces members.

The Committee reviews military grievances referred to it and provides findings and recommendations (F&Rs) to the Chief of the Defence Staff (CDS) and the officer or non-commissioned member who submitted the grievance.

The Committee also has the obligation to deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.

2. Administration

The Access to Information and Privacy (ATIP) Office is part of the Strategic Planning and Performance Measurement services. The section has 2 employees which dedicate on average .02% of their time to fulfill the Committee’s obligations under both legislations.

The Access to Information and Privacy (ATIP) Coordinator, the Executive Director and the General Counsel have delegated authority to oversee the administration of the Access to Information Act and the Privacy Act within the Military Grievances External Review Committee and to ensure compliance with the legislation.

A description of the classes of institutional records held by the Military Grievances External Review Committee can be accessed through public and academic libraries and constituency offices of federal members of Parliament and can be found on the Info Source section of the Committee’s website at http://mgerc-ceegm.gc.ca/pd-dp/is-is-eng.html . The Military Grievances External Review Committee does not have any exempt banks.

In accordance with the Access to Information Act, members of the public may examine publications and other public documents governing the administration and operation of the Military Grievances External Review Committee at:

Military Grievances External Review Committee
60 Queen Street, 9^th Floor
Ottawa, Ontario K1P 5Y7

3. Delegation Order for Access to Information Act

The Canadian Forces Grievance Board was renamed to the Military Grievances External Review Committee by the Act to amend the National Defence Act and to make consequential amendments to other Acts, S.C. 2013, c., 24, s.11(1). A new delegation order was signed by the Chairperson to reflect the name change.

Delegation Order

Access to Information Act

I, the undersigned, Chairperson of the Military Grievances External Review Committee, pursuant to Section 73 of the Access to Information Act, hereby authorize the Executive Director, the General Counsel and the Access to Information and Privacy Coordinator, to exercise signing authorities or perform any of the Chairperson’s powers, duties or function specified in the attached Schedule A.

Bruno Hamel
Chairperson
Military Grievances External Review Committee

Date : 26 March 2014

4. Statistical Report on the Access to Information Act

Name of institution: Military Grievances External Review Committee

Reporting period: 2015-04-01 to 2016-03-31

Part 1: Requests Under the Access to Information Act

Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

Part 2: Requests Closed During the Reporting Period

Table notes

2.5 Complexity

2.6 Deemed refusals

Part 3: Extensions

Part 4: Fees

Part 5: Consultations Received From Other Institutions and Organizations

Part 6: Completion Time of Consultations on Cabinet Confidences

Part 7: Complaints and Investigations

Part 8: Court Action

Part 9: Resources Related to the Access to Information Act

Note: Enter values to two decimal places.

Requests under the Access to Information Act

During the reporting period of April 1, 2015, to March 31, 2016, the Military Grievances External Review Committee received a total of 13 new requests under the Access to Information Act; 6 formal and 7 informal and no request was carried forward from 2014-15.

The number of requests has remained about the same in the last five fiscal years, although 2013-14 has seen more requests for consultations from other organizations than from the public. In 2015-16, 10 requests were for the Committee’s records of which 7 were informal requests, which represents a decrease in formal requests from previous years.

Disposition of Completed Requests

In 2015-16, 6 formal requests were completed. The dispositions of the completed requests were as follows:

• 3 were fully disclosed;
• 3 were partially disclosed.

Exemptions Invoked

The Access to Information Act, allows, and in some instances requires, that some information be exempted and not released. In 2015-16, the Committee invoked a total of 3 exemptions on formal requests pursuant to the following sections of the Access to Information Act:

• Section 19: Exempting records containing personal information.

Exclusions Cited

There were no cases where exclusions were cited.

Complexity

The amount of pages reviewed and fully disclosed were 1,571 and disclosed in part were 1,741 for a total of 3,312 pages.

Fees

During the reporting period, $15.00 fees were collected. The fees were waived on 7 informal requests.

Costs

During 2015-16, an estimated $763 in salary costs and $1,990 in maintenance costs related to the ATIP management system were incurred to administer the Access to Information Act.

5. Training

As part of the Committee’s Access to Information and Privacy Awareness Plan, ATIP WINK emails are sent to staff on a regular basis to share points of interest and information relating to ATIP. These emails include a variety of items: from a quick snapshot on relevant subjects such as Best Practices, Information Security, Information and Records Management to presentations providing an overview of the Act s and quizzes. During the reporting period, awareness sessions related to access to information were as follow:

• ATIP Wink awareness session – Privacy and personal information (2 presentations and 2 quizzes to 46 employees).
• ATIP Wink awareness session – Increasing awareness of the basics of Access to Information and Privacy Acts for new employees.
• ATIP Wink awareness session – Best practice on Privacy and personal information (700 closest friends).
• ATIP Wink awareness session – Best practice on Information Security and Records management. (46 employees).

6. Policies, Guidelines and Procedures

During the reporting period, the Committee did not implement any new institution-specific policies, guidelines and procedures related to access to information.

7. Complaints and Investigations

No complaint or investigation.

8. Completion Time and Extensions

As a means to monitor the time required to process requests under both Acts (Access to Information Act and Privacy Act), the ATIP Office reports delays on its activities to the Executive Director, Corporate Services. For the period covered by this report, all requests were completed within the statutory deadline.

Report on the Privacy Act

1. Introduction

The Privacy Act gives Canadians the right to access personal information held by the government and protection of that information against unauthorized use and disclosure.

Ministers and heads of agencies are responsible for ensuring that their organizations comply with privacy legislation.

This report has been prepared in accordance with section 72 of the Privacy Act.

The raison d’être of the Military Grievances External Review Committee (the Committee or MGERC) is to provide an independent and external review of military grievances. Section 29 of the National Defence Act (NDA) provides a statutory right for an officer or a non-commissioned member who has been aggrieved, to grieve a decision, an act or an omission in the administration of the affairs of the Canadian Armed Forces. The importance of this broad right cannot be overstated since it is, with certain narrow exceptions, the only formal complaint process available to Canadian Armed Forces members.

The Committee reviews military grievances referred to it and provides findings and recommendations (F&Rs) to the Chief of the Defence Staff (CDS) and the officer or non-commissioned member who submitted the grievance.

The Committee also has the obligation to deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.

2. Administration

The Access to Information and Privacy (ATIP) Coordinator, the Executive Director and the General Counsel have delegated authority to oversee the administration of the Access to Information Act and the Privacy Act within the Military Grievances External Review Committee and to ensure compliance with the legislation.

A description of the classes of institutional records held by the Military Grievances External Review Committee can be accessed through public and academic libraries and constituency offices of federal members of Parliament and can be found on the Info Source section of the Committee’s website at http://mgerc-ceegm.gc.ca/pd-dp/is-is-eng.html . The Military Grievances External Review Committee does not have any exempt banks.

In accordance with the Access to Information Act, members of the public may examine publications and other public documents governing the administration and operation of the Military Grievances External Review Committee at:

Military Grievances External Review Committee
60 Queen Street, 9^th Floor
Ottawa, Ontario K1P 5Y7

3. Delegation Order for Privacy Act

The Canadian Forces Grievance Board was renamed to the Military Grievances External Review Committee by the Act to amend the National Defence Act and to make consequential amendments to other Acts, S.C. 2013, c., 24, s.11(1). A new delegation order was signed by the Chairperson to reflect the name change.

Delegation Order

Privacy Act

I, the undersigned, Chairperson of the Military Grievances External Review Committe, pursuant to Section 73 of the Privacy Act, hereby authorize the Executive Director, the General Counsel and the Access to Information and Privacy Coordinator, to exercise signing authorities or perform any of the Chairperson’s powers, duties or function specified in the attached Schedule B.

Bruno Hamel
Chairperson
Military Grievances External Review Committe

Date : 26 March 2014

4. Statistical Report on the Privacy Act

Name of institution: Military Grievances External Review Committee

Reporting period: 2015-04-01 to 2016-03-31

Part 1: Requests Under the Privacy Act

Part 2: Requests Closed During the Reporting Period

2.5 Complexity

2.6 Deemed refusals

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

Part 4: Requests for Correction of Personal Information and Notations

Part 5: Extensions

Part 6: Consultations Received from Other Institutions and Organizations

Part 7 – Completion Time of Consultations on Cabinet Confidences

Part 8 – Complaints and Investigations Notices Received

Part 9 – Privacy Impact Assessments (PIAs)

Part 10 – Resources related to the Privacy Act

Note: Enter values to two decimal places.

Requests under the Privacy Act

During the reporting period of April 1, 2015, to March 31, 2016, the Military Grievances External Review Committee received no request under the Access to Privacy Act.

There has been a decline in the number of requests made under the Access to Privacy Act over the last 5 fiscal years 2011-12 (11); 2012-13 (8); 2013-14 (4) and 2014-15 (1) and 2015-16 (0).

Disposition of Completed Requests

N/A

Exemptions Invoked

N/A

Exclusions Cited

N/A

Complexity

N/A

Costs

During 2015-16, $0 in salary costs and $1,990 in goods and services were incurred to administer the Access to Privacy Act.

5. Training

As part of the Committee’s Access to Information and Privacy Awareness Plan, ATIP WINK emails are sent to staff on a regular basis to share points of interest and information relating to ATIP. These emails include a variety of items: from a quick snapshot on relevant subjects such as Best Practices, Information Security, Information and Records Management to presentations providing an overview of the Act s and quizzes. During the reporting period, awareness sessions related to privacy were as follow:

• Data Privacy Day Jan 28, 2016. Email with posters to mark Data Privacy Day sent through ATIP Wink to all staff (1 session and 46 employees).
• ATIP Wink awareness session - Best practice on Protecting sensitive information to all staff (one session and 46 employees).

6. Policies, Guidelines and Procedures

During the reporting period, the Committee did not implement any new institution-specific policies, guidelines and procedures related to privacy.

7. Complaints and Investigations

Over the period covered by this report, no complaint against the Committee was submitted to the Privacy Commissioner under the Privacy Act.

8. Completion Time and Extensions

As a means to monitor the time required to process requests under both Acts (Access to Information Act and Privacy Act), the ATIP Office reports delays on its activities to the Executive Director, Corporate Services. For the period covered by this report, all requests were closed within the statutory deadline.

9. Privacy breaches

The Committee did incur one material privacy breach that qualified under the Directive on Privacy Practices over the reporting period. The breach was reported to the Office of the Privacy Commissioner and the Secretariat’s Information and Privacy Policy Division.

The breach was in regards to a Sep 22, 2015 incident where 3 packages were being prepared to be sent Xpress post and two were mistakenly placed in the wrong addressed outer envelopes. Only one recipient’s information was disclosed to another addressee as we were able to contact Canada Post and have the second envelope intercepted and returned to the MGERC. Since then, the unit has put in place procedures outlining the measures to consider before sending protected mail.

The Office of the Privacy Commissioner assessed the particulars of the incident, the nature and sensitivity of the information at issue, the number of individuals directly affected by it and the consequences for them as a result of this failure to adequately protect their personal information in accordance with the provisions of the Privacy Act. It has taken note of the institution’s policies and procedures for the proper management of personal information under its control and has carefully considered the measures taken to contain the breach as well as efforts to prevent a recurrence of a similar incident. The Office of the Privacy Commissioner decided not to pursue the matter further and closed the file.

10. Privacy Impact Assessment

No Privacy Impact Assessment was conducted during the reporting period.

11. Disclosures Under Paragraphs 8(2)(m) of the Privacy Act

Paragraph 8(2)(m) allows the disclosure of personal information when the public interest clearly outweighs any invasion of privacy that could result from the disclosure or when the disclosure would benefit the individual to whom the information relates. There were no disclosures pursuant to paragraph 8(2)(m) for the 2015-16 period.