2018-2019 Annual Report to Parliament - Privacy Act

Table of Contents

Report on the Privacy Act

1. Introduction

2. Organizational Structure

3. Delegation of Authority

4. Highlights of the Statistical Report

5. Training and Awareness

6. Policies, Guidelines, Procedures and Initiatives

7. Complaints and Audits

8. Monitoring

9. Material Privacy Breaches

10. Privacy Impact Assessments

11. Public Interest Disclosures

Annex A – Delegation Order

Annex B – Statistical Report

Report on the Privacy Act

1. Introduction

The Privacy Act gives individuals the right to access their personal information held by federal institutions listed in the schedule of the Act and to request corrections to that information. This law also imposes obligations on those institutions to respect privacy rights by limiting the collection, use and disclosure of personal information.

This report is prepared in accordance with section 72 of the Act, which requires that the head of the Atlantic Canada Opportunities Agency (ACOA) prepare, for tabling in Parliament, an annual report on the administration of the Act. This report will be published on ACOA’s website.

ACOA’s mandate is to increase opportunity for economic development in Atlantic Canada and, more particularly, to enhance the growth of earned incomes and employment opportunities in that region. Additional information is available on ACOA’s website (https://www.canada.ca/acoa).

2. Organizational Structure

The Access to Information and Privacy (ATIP) Directorate oversees the administration of the Access to Information Act and the Privacy Act. It consists of a director (ATIP coordinator) and one support staff member located at ACOA’s head office in Moncton, N.B. The ATIP coordinator is responsible for processing all access and privacy requests, and for the development, coordination and implementation of effective policies, guidelines and procedures to manage the Agency’s compliance with the ATIP acts.

The ATIP coordinator also reviews various documents before publication to ensure that they do not contain information that would be subject to exemption or exclusion under the acts. During this reporting period, the ATIP Directorate reviewed records prepared in response to 145 written parliamentary questions.

The administration of the legislation within ACOA is also facilitated at the branch and regional levels. Each sector and corporate branch has a liaison officer (generally reporting to the deputy minister or an assistant deputy minister) who coordinates the records-retrieval process.

3. Delegation of Authority

For the purpose of the Privacy Act, the President delegated full authority to the Vice-President, Finance and Corporate Services and Corporate Secretary and partial authority to the ATIP coordinator.
A copy of the signed delegation instrument for the Privacy Act can be found by clicking Annex A

4. Highlights of the Statistical Report

As can be seen from the statistical report (click Annex B to view the statistical report), the Agency responded within the legislated timeline to three requests under the Privacy Act that were closed in the reporting period. A total of 322 pages was reviewed and 287 pages were disclosed (213 pages in full and 74 pages in part). Pursuant to section 26 of the Privacy Act, some records were withheld as they contained personal information about a third party.

The cost of administering the Privacy Act in 2018-2019 was $14,388, which comprised a portion of salary costs as well as operations and maintenance costs. This represents an increase of $1,944 over the previous reporting period due to salary costs.

The following table shows the trend in the number of requests closed in the last 10 fiscal years.

Fiscal Year	2009 - 2010	2010 - 2011	2011 - 2012	2012 - 2013	2013 - 2014	2014 - 2015	2015 - 2016	2016 - 2017	2017 - 2018	2018 - 2019
Totals	1	0	0	2	1	2	0	1	2	3

5. Training and Awareness

Informal briefings on the requirements of the Privacy Act were provided to staff by the ATIP coordinator throughout the reporting period. No formal training sessions were given.

6. Policies, Guidelines, Procedures and Initiatives

The Agency did not implement any new or revised policies, guidelines, procedures or initiatives related to privacy during the reporting period.

7. Complaints and Audits

No privacy complaints were received, and no investigations or audits were conducted during the reporting period.

8. Monitoring

In light of the limited number of privacy requests received, no monitoring was required in 2018-2019.

9. Material Privacy Breaches

No material privacy breaches were reported to the Office of the Privacy Commissioner of Canada and the Treasury Board of Canada Secretariat’s Information and Privacy Policy Division during the reporting period.

10. Privacy Impact Assessments

One privacy impact assessment regarding ACOA’s e-recruitment and staffing initiative was completed and submitted to the Office of the Privacy Commissioner of Canada in 2018-2019.

11. Public Interest Disclosures

The Agency did not disclose personal information pursuant to paragraph 8(2)(m) of the Privacy Act during the reporting period.

Annex A

Privacy Act Delegation Order

Pursuant to section 73 of the Privacy Act, the President of the Atlantic Canada Opportunities Agency hereby designates the persons holding the positions identified in the attached Delegation Instrument to exercise or perform any of the powers, duties or functions of the President as the head of the government institution under this Act.

Original signed by the President for the purpose of the Atlantic Canada Opportunities Agency Act on July 24, 2017.

Privacy Act Delegation Instrument

The Vice-President of Finance and Corporate Services and Corporate Secretary has been delegated responsibility for the followings sections of the Act:

8(2)(j) Disclosure for research purposes
8(2)(m) Disclosure in the public interest or in the interest of the individual
8(4) Copies of requests under 8(2)(e) to be retained
8(5) Notice of disclosure under 8(2)(m)
9(1) Records of disclosures to be retained
9(4) Consistent uses
10 Information included in personal information banks
14 Notice where access requested
15 Extension of time limit
17(2)(b) Language of access
17(3)(b) Access to information in alternative format
18(2) Exemption ‑ information in an exempt bank
19(1) Exemption ‑ information obtained in confidence
19(2) Exemption ‑ where authorized to disclose
20 Exemption - federal-provincial affairs
21 Exemption - International affairs and defence
22 Exemption - Law enforcement and investigation
23 Exemption - Security clearances
24 Exemption - Individuals sentenced for an offence
25 Exemption - Safety of individuals
26 Exemption - information about another individual
27 Exemption - solicitor-client privilege
28 Exemption - medical record
31 Notice of investigation
33(2) Right to make representations
35(1) Findings and recommendations of Privacy Commissioner (complaint)
35(4) Access to be given
36(3) Report of findings and recommendations (exempt banks)
37(3) Report of findings and recommendations (compliance review)
51(2)(b) Special rules for hearings
51(3) Ex parte representations
72(1) Report to Parliament

Privacy Regulations

9 Reasonable facilities and time provided to examine personal information
11(2) Notification that correction to personal information has been made
11(4) Notification that correction to personal information has been refused

The Director/Coordinator of Access to Information and Privacy has been delegated responsibility for the following sections of the Act:

8(2)(j) Disclosure for research purposes
(2)(m) Disclosure in the public interest or in the interest of the individual
8(4) Copies of requests under 8(2)(e) to be retained
8(5) Notice of disclosure under 8(2)(m)
9(1) Records of disclosures to be retained
9(4) Consistent uses
10 Information included in personal information banks
14 Notice where access requested
15 Extension of time limit
17(2)(b) Language of access
17(3)(b) Access to information in alternative format
31 Notice of investigation
33(2) Right to make representations
35(1) Findings and recommendations of Privacy Commissioner (complaint)
36(3) Report of findings and recommendations (exempt banks)
37(3) Report of findings and recommendations (compliance review)
51(2)(b) Special rules for hearings
51(3) Ex parte representations
72(1) Report to Parliament

Privacy Regulations

9 Reasonable facilities and time provided to examine personal information
11(2) Notification that correction to personal information has been made
11(4) Notification that correction to personal information has been refused

Annex B

Statistical Report on the Privacy Act

Name of Institution: Atlantic Canada Opportunities Agency
Report period:  April 1, 2018 to March 31, 2019

Part 1: Requests Under the Privacy Act

	Number of Requests
Received during reporting period	3
Outstanding from previous reporting period	0
Total	3
Closed during reporting period	3
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 of 1 to 15 days	Completion time of 16 to 30 days	Completion time of 31 to 60 days	Completion time of 61 to 120 days
All disclosed	0	2	0	0
Disclosed in part	0	1	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
Neither confirmed nor denied	0	0	0	0
Total	0	3	0	0

2.1  Disposition and completion time (continued)

Disposition of Requests	Completion time of 121 to 180 days	Completion time of 181 to 365 days	Completion Time of more than 365 days	Total
All disclosed	0	0	0	2
Disclosed in part	0	0	0	1
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
Neither confirmed nor denied	0	0	0	0
Total	0	0	0	3

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	1
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	2	0
Disclosed in part	0	1	0
Total	0	3	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	248	213	2
Disclosed in part	74	74	1
All exempted	0	0	0
All excluded	0	0	0
Request abandoned	0	0	0
Neither confirmed nor denied	0	0	0
Total	322	287	3

2.5.2 Relevant pages processed and disclosed by size of requests

Disposition	Number of Requests that had less than 100 pages Processed	Pages disclosed	Number of Requests that had 101-500 pages processed	Pages disclosed	Number of Requests that had 501-1,000 pages processed	Pages disclosed
All disclosed	1	59	1	154	0	0
Disclosed in part	1	74	0	0	0	0
All exempted	0	0	0	0	0	0
All excluded	0	0	0	0	0	0
Request abandoned	0	0	0	0	0	0
Neither confirmed nor denied	0	0	0	0	0	0
Total	2	133	1	154	0	0

2.5.2 Relevant pages processed and disclosed by size of requests (continued)

Disposition	Number of Requests that had 1,001-5,000 pages processed	Pages disclosed	Number of Requests that had more than 5,000 pages processed	Pages disclosed
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
Request abandoned	0	0	0	0
Neither confirmed nor denied	0	0	0	0
Total	0	0	0	0

2.5.3 Other complexities

Disposition	Consultation Required	Legal Advice Sought	Interwoven Information	Other	Total
All disclosed	0	0	0	1	1
Disclosed in part	0	0	0	1	1
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	2	2

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline

Number of Requests Closed Past the Statutory Deadline	Principal Reason - Workload	Principal Reason - External Consultation	Principal Reason - Internal Consultation	Principal Reason - 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: Disclosure 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) Consultations - Section 70	15(a)(ii) Consultations - Other	15(b) Translation or Conversion
All disclosed	0	0	0	0
Disclosed in part	0	0	1	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	1	0

5.2 Length of extensions

Length of Extensions	15(a)(i) Interference with operations	15(a)(ii) Consultations - Section 70	15(a)(ii) Consultations - Other	15(b) Translation purposes
1 to 15 days	0	0	0	0
16 to 30 days	0	0	1	0
Total	0	0	1	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	1 to 15 days required to complete consultation requests	16 to 30 days required to complete consultation requests	31 to 60 days required to complete consultation requests	61 to 120 days required to complete consultation requests
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
Consult other institution	0	0	0	0
Other	0	0	0	0
Total	0	0	0	0

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions (continued)

Recommendation	121 to 180 days required to complete consultation requests	181 to 365 days required to complete consultation requests	More than 365 days required to complete consultation requests	Total
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
Consult other institution	0	0	0	0
Other	0	0	0	0
Total	0	0	0	0

6.3 Recommendations and completion time for consultations received from other organizations

Recommendation	1 to 15 days required to complete consultation requests	16 to 30 days required to complete consultation requests	31 to 60 days required to complete consultation requests	61 to 120 days required to complete consultation requests
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
Consult other institution	0	0	0	0
Other	0	0	0	0
Total	0	0	0	0

6.3 Recommendations and completion time for consultations received from other organizations (continued)

Recommendation	121 to 180 days required to complete consultation requests	181 to 365 days required to complete consultation requests	More Than 365 days required to complete consultation requests	Total
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
Consult other institution	0	0	0	0
Other	0	0	0	0
Total	0	0	0	0

Part 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of Days	Number of Requests that had fewer than 100 pages processed	Pages disclosed	Number of Requests that had 101-500 pages processed	Pages disclosed	Number of requests that had 501-1,000 pages processed	Pages disclosed
1 to 15	0	0	0	0	0	0
16 to 30	0	0	0	0	0	0
31 to 60	0	0	0	0	0	0
61 to 120	0	0	0	0	0	0
121 to 180	0	0	0	0	0	0
181 to 365	0	0	0	0	0	0
More than 365	0	0	0	0	0	0
Total	0	0	0	0	0	0

7.1 Requests with Legal Services (continued)

Number of Days	Number of requests that had 1,001-5,000 pages processed	Pages disclosed	Number of requests that had more than 5,000 pages processed	Pages Disclosed
1 to 15	0	0	0	0
16 to 30	0	0	0	0
31 to 60	0	0	0	0
61 to 120	0	0	0	0
121 to 180	0	0	0	0
181 to 365	0	0	0	0
More than 365	0	0	0	0
Total	0	0	0	0

7.2 Requests with Privy Council Office

Number of Days	Number of Requests that had fewer than 100 pages Processed	Pages disclosed	Number of Requests that had 101-500 pages processed	Pages disclosed	Number of requests that had 501-1,000 pages processed	Pages disclosed
1 to 15	0	0	0	0	0	0
16 to 30	0	0	0	0	0	0
31 to 60	0	0	0	0	0	0
61 to 120	0	0	0	0	0	0
121 to 180	0	0	0	0	0	0
181 to 365	0	0	0	0	0	0
More than 365	0	0	0	0	0	0
Total	0	0	0	0	0	0

7.2 Requests with Privy Council Office (continued)

Number of Days	Number of requests that had 1,001-5,000 pages processed	Pages disclosed	Number of requests that had more than 5,000 pages processed	Pages Disclosed
1 to 15	0	0	0	0
16 to 30	0	0	0	0
31 to 60	0	0	0	0
61 to 120	0	0	0	0
121 to 180	0	0	0	0
181 to 365	0	0	0	0
More than 365	0	0	0	0
Total	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: 1

Part 10: Resources Related to the Privacy Act

10.1 Costs

Expenditures	Amount
Salaries	$13,446.00
Overtime	$0.00
Goods and Services (Other)	$942.00
Total	$14,388.00

10.2 Human Resources

Resources	Person Years Dedicated to Privacy Activities
Full-time employees	0.10
Part-time and casual employees	0.00
Regional staff	0.00
Consultants and agency personnel	0.00
Students	0.00
Total	0.10