2019-2020 Annual Report to Parliament – Privacy Act

1. INTRODUCTION

The Privacy Act (hereinafter the 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 create opportunities for economic growth in Atlantic Canada by helping businesses become more competitive, innovative and productive, by working with diverse communities to develop and diversify local economies, and by championing the strengths of Atlantic Canada. Additional information is available on ACOA’s website (https://www.canada.ca/en/atlantic-canada-opportunities.html).

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 99 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 is attached Annex A.

4. HIGHLIGHTS OF THE STATISTICAL REPORT

As can be seen from the statistical reports at Annex B and Annex C, the Agency responded within the legislated timeline to three requests under the Privacy Act that were closed in the reporting period. All three requests were ultimately abandoned by the requester.

The cost of administering the Privacy Act in 2019-2020 was $11,285, which comprised a portion of salary costs as well as operations and maintenance costs. This represents a decrease of $3,103 over the previous reporting period.

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

Fiscal Year 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020
Totals 0 0 2 1 2 0 1 2 3 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 during the reporting period.

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

No privacy impact assessments were completed during the reporting period.

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

signed delegation order by president

PRIVACY ACT DELEGATION INSTRUMENT
Section of the Privacy Act Vice-President, Finance and Corporate Services and Corporate Secretary Coordinator Access to Information and Privacy
8(2)(j) Disclosure for research purposes X X
8(2)(m) Disclosure in the public interest or in the interest of the individual X X
8(4) Copies of requests under 8(2)(e) to be retained X  
8(5) Notice of disclosure under 8(2)(m) X X
9(1) Records of disclosures to be retained X X
9(4) Consistent uses X X
10 Information included in personal information banks X X
14 Notice where access requested X X
15 Extension of time limit X X
17(2)(b) Language of access X X
17(3)(b) Access to information in alternative format X X
18(2) Exemption – information in an exempt bank X  
19(1) Exemption – information obtained in confidence X  
19(2) Exemption – where authorized to disclose X  
20 Exemption – federal-provincial affairs X  
21 Exemption – International affairs and defence X  
22 Exemption – Law enforcement and investigation X  
23 Exemption – Security clearances X  
24 Exemption – Individuals sentenced for an offence X  
25 Exemption – Safety of individuals X  
26 Exemption – information about another individual X  
27 Exemption – solicitor-client privilege X  
28 Exemption – medical record X  
31 Notice of investigation X X
33(2) Right to make representations X X
35(1) Findings and recommendations of Privacy Commissioner (complaint) X X
35(4) Access to be given X  
36(3) Report of findings and recommendations (exempt banks) X X
37(3) Report of findings and recommendations (compliance review) X X
51(2)(b) Special rules for hearings X X
51(3) Ex parte representations X X
72(1) Report to Parliament X X
Privacy Regulations    
9 Reasonable facilities and time provided to examine personal information X X
11(2) Notification that correction to personal information has been made X X
11(4) Notification that correction to personal information has been refused X X

ANNEX B

Statistical Report on the Privacy Act

Name of Institution: Atlantic Canada Opportunities Agency

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

Section 1: Requests Under the Privacy Act

1.1  Number of requests

  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
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 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
No records exist 0 0 0 0 0 0 0 0
Request abandoned 3 0 0 0 0 0 0 3
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 3 0 0 0 0 0 0 3

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 27.1 0
21 0 22.3 0 28 0
    22.4 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

Paper Electronic Other formats
0 0 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
0 0 3
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 0 0 0 0 0 0 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 3 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 3 0 0 0 0 0 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
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 3
Percentage of requests closed within legislated timelines (%) 100

2.7 Deemed refusals

2.7.1 Reasons for not meeting legislative timelines
Number of Requests Closed Past the Legislated Timelines Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
0 0 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 Timeline Where No Extension Was Taken Number of Requests Past Legislated Timelines 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

2.8 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: Disclosure 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 number of pages Large volume of requests Documents are difficult to obtain Cabinet Confidence Section (Section 70) External Internal
0 0 0 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 to 15 days 0 0 0 0 0 0 0 0
16 to 30 days 0 0 0 0 0 0 0 0
31 days or greater               0
Total 0 0 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 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 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

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
All 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 501-1,000 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 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 501-1,000 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 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

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 (PIB)

9.1 Privacy Impact Assessments

Number of PIA(s) completed 0

9.2 Personal Information Banks

Personal Information Banks Active Created Terminated Modified
  2 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 $9,712
Overtime $0
Goods and Services $1,573
     • Professional services contracts    
     • Other $1573
Total $11,285

11.2 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

ANNEX C

2019-2020 Supplemental Statistical Report on the Privacy Act – Requests affected by COVID-19 measures

The following table reports the total number of formal requests received during two periods; 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Table 1 – Requests Received

  Number of requests
Received from 2019-04-01 to 2020-03-13 3
Received from 2020-03-14 to 2020-03-31 0
Total 3

The following table reports the total number of requests closed within the legislated timelines and the number of closed requests that were deemed refusals during two periods 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Table 2 – 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 3 0
Received from 2020-03-14 to 2020-03-31 0 0
Total 3 0

The following table reports the total number of requests carried over during two periods; 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Table 3 – Requests Carried Over

  Number of requests
Requests from 2019-04-01 to 2020-03-13 and outstanding from previous reporting period that were carried over to the 2020-2021 reporting period 0
Requests from 2020-03-14 to 2020-03-31 that were carried over to the 2020-2021 reporting period 0
Total 0
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