1st Annual Report to Parliament on the Administration of the Privacy Act 2014-2015

   Privacy Act 2014-2015 (PDF)

November 1, 2014 to March 31, 2015

Table of Contents

  1. Introduction
  2. About the ATSSC
  3. The Access to Information and Privacy Office
  4. Designation Order
  5. ATSSC Statistical Overview
  6. Sources of Requests
  7. Consultations
  8. Disposition of Completed Requests
  9. Exemptions Invoked
  10. Completion Time and Extensions
  11. Complaints
  12. Training Activities
  13. Policies, Guidelines and Procedures
  14. Material Breaches
  15. Privacy Impact Assessments
  16. Types of Disclosures Pursuant to Paragraph 8(2)(m) of the Act
  17. Monitoring

Introduction

The Administrative Tribunals Support Service of Canada (ATSSC) was established on November 1, 2014, with the coming into force of the Administrative Tribunals Support Service of Canada Act. The ATSSC is responsible for providing support services and facilities to 11 federal administrative tribunals by way of a single, integrated organization.

The ATSSC provides the full range of support services and facilities required by the tribunals to meet their statutory obligations. These services include specialized and expert support services (e.g., research and analysis, legal and other case-specific work), registry services and corporate services, including obligations under the Privacy Act.

The ATSSC is pleased to present to Parliament its 1st annual report on the administration of the Privacy Act (the Act) for the period November 1, 2014 to March 31, 2015.

The purpose of the Act is to extend the laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information.

Section 72 of the Act requires the head of every federal government institution to prepare and table an annual report to Parliament on the administration of the Act during the fiscal year. This report outlines how the ATSSC administered the Act from the date the organization came into force, November 1, 2014, to March 31, 2015.

About the ATSSC

The creation of the ATSSC is consistent with the government’s ongoing commitment to improve the effectiveness and efficiency of its administration and operations. By consolidating the provision of support services for 11 administrative tribunals, the government is strengthening overall capacity and modernizing operations to better meet the administrative needs of federal tribunals and to improve access to justice for Canadians.

The administrative tribunals served by the ATSSC include:

  • the Canada Industrial Relations Board;
  • the Canadian Cultural Property Export Review Board;
  • the Canadian Human Rights Tribunal;
  • the Canadian International Trade Tribunal;
  • the Competition Tribunal;
  • the Public Servants Disclosure Protection Tribunal;
  • the Public Service Labour Relations and Employment Board;
  • the Canadian Agricultural Review Tribunal;
  • the Specific Claims Tribunal;
  • the Social Security Tribunal; and
  • the Transportation Appeal Tribunal of Canada.

The ATSSC’s work encompasses a broad range of activities required by the tribunals to meet their statutory obligations, including the following:

  • Common functions of corporate services (e.g., human resources, financial services, information technology, accommodations and communications);
  • Registry services; and
  • Core mandate support services (e.g., research and analysis, legal and other case-specific work).

The ATSSC reports to Parliament through the Minister of Justice.

The Access to Information and Privacy Office

The Access to Information and Privacy (ATIP) Office is part of the Executive Secretary’s Office, which is under the direction of the Chief Administrator. Oversight of the ATIP Office is administered by the Executive Secretary who is also the ATIP coordinator for the ATSSC. The ATIP manager is responsible for the daily operations of the ATIP Office and reports to the Executive Secretary. The ATIP Office comprises two full-time employees who are dedicated to access to information and privacy activities.

The ATIP Office receives, coordinates and processes requests for information under the Act and serves as the main point of contact for the Office of the Privacy Commissioner.

Designation Order

Decision-making responsibility for the application of the various provisions of the Act has been formally established and is outlined in the Designation Order signed by the Chief Administrator on November 3, 2014. The Executive Secretary and the ATIP manager have also been delegated authorities as described in the designation order included in Appendix A.

ATSSC Statistical Overview

As the ATSSC was established on November 1, 2014, the statistical report reflects the period of November 1, 2014, to March 31, 2015. A copy of the Statistical Report is included in Appendix B.

Since coming into force, the ATSSC has received a total of 2 formal requests under the Act and 3 consultations from other government departments. Both the formal requests and the consultations were processed and completed during the reporting period.

Sources of Requests

Two requests were submitted by the general public.

Consultations

The ATSSC received 3 consultation requests from other federal institutions on records deemed to have been relevant to the ATSSC.

Disposition of Completed Requests

Since November 1, 2014, the ATSSC completed 2 requests under the Act. In one case, the information requested was released in full; there were no responsive records for the other request.

Exemptions Invoked

The ATSSC did not apply any exemptions.

Completion Time and Extensions

The ATSSC completed 1 request within 1 to 15 days and the other request within 31 to 60 days.

The ATSSC did not apply any extensions under the Act.

Complaints

The ATSSC was not the subject of any complaints filed with the Office of the Privacy Commissioner during the reporting period.

Training Activities

No training activities were provided during the reporting period. Training opportunities and activities will be identified in the next fiscal year.

Policies, Guidelines and Procedures

A draft Privacy Framework was developed and the ATSSC anticipates that it will be finalized in the new fiscal year. The ATSSC is guided by the Treasury Board of Canada Secretariat (TBS) access to information and privacy policy suite and instruments.

The ATSSC completed a partial Info Source chapter to meet the TBS requirements and will continue to build a complete chapter that describes all the ATSSC’s information holdings.

Material Breaches

During the reporting period, the ATSSC did not experience any material breaches.

Privacy Impact Assessments

Privacy Impact Assessments (PIAs) are used to identify the potential privacy risks of new or redesigned federal government programs or services. They also help eliminate or reduce those risks to an acceptable level.

The ATSSC did not initiate any PIAs during the reporting period.

Types of Disclosures Pursuant to Paragraph 8(2)(m) of the Act

No disclosures were made pursuant to paragraph 8(2)(m) of the Act during the reporting period.

Monitoring

Monitoring of privacy requests was conducted via a detailed spreadsheet containing all relevant and necessary information to ensure compliance with the legislated requirements. The spreadsheet was updated as new requests were received or the status of a file was changed. Weekly meetings between the ATIP manager and the Executive Secretary to discuss workload and priorities also assisted in helping the ATSSC meet its statutory obligations.


Appendix A

Privacy Act
Designation Order

Privacy Act
Designation Order

BY THIS ORDER made pursuant to section 73* of the Privacy Act, I hereby designate the persons holding the positions set out in Schedule A, or the person occupying the position on an acting basis, to exercise the powers, duties and functions of the Chief Administrator, as the head of the Administrative Tribunals Support Service of Canada, under the provisions of the Act and related regulations, as specified in Schedule B, effective from November 1, 2014.

_______________________________________________________________________________________

Dated, at the City of Ottawa, this 3rd day of November, 2014.

*R.S., 1985, c. p. 21

Original signed by
Marie-France Pelletier
______________________________________
NAME
Chief Administrator


SCHEDULE A

Position:

Chief Administrator
Executive Secretary
Access to Information and Privacy (ATIP) Manager

SCHEDULE B

Privacy Act
Designation Order

"F" = Full Authority
"N" = No Authority. Authority to be obtained from the next level up.

Item # DESCRIPTION OF AUTHORITY PA SECTION CHIEF ADMINISTRATOR EXECUTIVE SECRETARY ATIP MANAGER
DISCLOSURE
1. Disclosure to investigative body 8(2)(e) F F N
2. Disclosure for research or statistical purposes 8(2)(j) F F F
3. Disclosure in the public interest or in the interest of the individual 8(2)(m) F F N
4. Copies of requests under paragraph 8(2)(e) 8(4) F F F
5. Notice of disclosure under paragraph 8(2)(m) 8(5) F F F
6. Record of disclosures 9(1) F F F
7. Consistent uses 9(4) F F F
PERSONAL INFORMATION BANKS
8. Personal information banks 10(1) F F F
9. Produce Index of Personal Information (InfoSource) entries 11 F F F
ACCESS
10. Notice when access requested 14(a) F F F
11. Giving access to the record 14(b) F F F
12. Extension of time limits 15 F F F
13. Notify where access refused 16(1) F F F
14. Language of access 17(2)(b) F F F
15. Access in an alternative format 17(3)(b) F F F
EXEMPTIONS
16. Refuse access - Exempt banks 18(2) F F F
17. Refuse access - Information obtained in confidence 19 F F N
18. Refuse access - Federal-provincial affairs 20 F F N
19. Refuse access - International affairs and defence 21 F F N
20. Refuse access - Law enforcement and investigations 22 F F N
21. Refuse access - Security clearances 23 F F N
22. Refuse access - Individuals sentenced for an offence 24 F F N
23. Refuse access - Safety of individuals 25 F F N
24. Refuse access - Information about another individual 26 F F F
25. Refuse access - Solicitor-client privilege 27 F F F
26. Refuse access - Medical records 28 F F F
COMPLAINTS
27. Right to make representations 33(2) F F F
28. Notice of actions to implement recommendations of Commissioner 35(1)(b) F F F
29. Access to be given to complainant 35(4) F F F
30. Notice of actions to implement recommendations of Commissioner concerning exempt banks 36(3)(b) F F F
31. Special rules for hearings 51(2),
51(3)
F F F
EXCLUSIONS
32. Cabinet confidences 69, 70 F F F
33. Annual report to Parliament 72 F F F
34. Authority to delegate by Head of institution 73 F N/A N/A

Privacy Regulations
Designation Order

"F" = Full Authority
"N" = No Authority. Authority to be obtained from the next level up.

Item # DESCRIPTION OF AUTHORITY PRIVACY REGULATIONS SECTION CHIEF ADMINISTRATOR EXECUTIVE SECRETARY ATIP MANAGER
1. Retention of personal information requested under paragraph 8(2)(e) 7 F F F
2. Examination of information 9(a) F F F
3. Set time for examination 9(b) F F F
4. Notification concerning corrections 11(2),11(4) F F F
5. Disclosure of personal information relating to physical or mental health 13(1) F F F
6. Examination in presence of medical practitioner or psychologist 14 F F F

Appendix B

Privacy Act
Statistical Report

Name of institution: Administrative Tribunals Support Service of Canada

Reporting period: 2014-04-01 to 2015-03-31

Part 1: Requests Under the Privacy Act

  Number of Requests
Received during reporting period 2
Outstanding from previous reporting period 0
Total 2
Closed during reporting period 2
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 1 0 0 0 0 1
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 1 0 0 0 0 0 0 1
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 1 0 1 0 0 0 0 2

2.2 Exemptions

Section Number of Requests Section Number of Requests Section Number of Requests
18(2) 0 22(1)(a)(i) 0 23(a) 0
19(1)(a) 0 22(1)(a)(ii) 0 23(b) 0
19(1)(b) 0 22(1)(a)(iii) 0 24(a) 0
19(1)(c) 0 22(1)(b) 0 24(b) 0
19(1)(d) 0 22(1)(c) 0 25 0
19(1)(e) 0 22(2) 0 26 0
19(1)(f) 0 22.1 0 27 0
20 0 22.2 0 28 0
21 0 22.3 0    

2.3 Exclusions

Section Number of Requests Section Number of Requests Section Number of Requests
69(1)(a) 0 70(1) 0 70(1)(d) 0
69(1)(b) 0 70(1)(a) 0 70(1)(e) 0
69.1 0 70(1)(b) 0 70(1)(f) 0
    70(1)(c) 0 70.1 0

2.4 Format of information released

Disposition Paper Electronic Other Formats
All disclosed 1 0 0
Disclosed in part 0 0 0
Total 1 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 985 985 1
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 985 985 1
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More Than 5000 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 1 985 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 1 985 0 0 0 0
2.5.3 Other complexities
Disposition Consultation Required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 1 0 0 1
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 1 0 0 1

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
1 1 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 1 0 1
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 1 0 1

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 reporting period 3 804 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 3 804 0 0
Closed during the reporting period 3 804 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 3 0 0 0 0 0 3
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 institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 3 0 0 0 0 0 3

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
Add 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
Consult other institution 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 501-1000 Pages Processed 1001-5000 Pages Processed More Than 5000 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 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 501-1000 Pages Processed 1001-5000 Pages Processed More Than 5000 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 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
0 0 0 0 0

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 $25,234
Overtime $0
Goods and Services $0
  • Professional services contracts
$0  
  • Other
$0
Total $25,234

10.2 Human Resources

Resources Person Years Dedicated to Access to Information Activities
Full-time employees 1.08
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 1.08

Note: Enter values to two decimal places.

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