Annual Report to Parliament on the Privacy Act 2019 to 2020
1. Introduction
The Privacy Act (PA) protects the privacy of Canadian citizens and permanent residents against the unauthorized use and disclosure of personal information about themselves held by a government institution. It also provides individuals with a right of access to that information and the right to correct inaccurate personal information. In addition, the PA legislates how the government collects, stores, disposes, uses and discloses personal information.
Section 72 of the PA requires that the Head of every federal government institution submit an annual report to Parliament on the administration of this Act over the fiscal year. The Minister of Public Safety and Emergency Preparedness has delegated the administration of the PA, including the reporting of the Annual Report, to the Commissioner of the Correctional Service of Canada (CSC).
This report describes how CSC fulfilled compliance with the PA during the fiscal reporting period of April 1, 2019 to March 31, 2020.
2. Organizational Structure
2.1 About Correctional Service of Canada
CSC was formed in 1979 through the amalgamation of the Canadian Penitentiary Service and the Parole Board of Canada (PBC). CSC has the fundamental obligation to contribute to public safety by actively encouraging and assisting offenders to become law-abiding citizens, while exercising reasonable, safe, secure and humane control.
CSC contributes to public safety by administering court-imposed sentences for offenders sentenced to two years or more. This involves managing institutions (penitentiaries) and supervising offenders.
CSC works closely with its Public Safety Portfolio partners, including the Royal Canadian Mounted Police (RCMP), the PBC, the Canada Border Services Agency (CBSA), the Canadian Security Intelligence Service (CSIS), in addition to oversight bodies including the Office of the Correctional Investigator (OCI).
2.2 The Access to Information and Privacy (ATIP) Division
The ATIP Division reports to the Director General of Rights, Redress and Resolution under the Policy Sector and is divided into five units:
- Access to Information Operations
- Backlog
- Privacy Operations
- Policy and Governance
- Intake, Processing and Retention Unit (ATIP Administrative Team)
The Access to Information Operations and Backlog teams are headed by one Deputy Director. The Access to Information Operations team is managed by one team leader, and is responsible for reviewing records, conducting consultations, applying exemptions and exclusions, preparing release packages for applicants, and responding to complaints from the Office of the Information Commissioner (OIC). The Backlog teams are managed by two team leaders, and are responsible solely for processing files received prior to 2018.
The Privacy Operations team is headed by one Deputy Director, who is assisted by one team leader and four analysts. This team processes formal and informal requests under the PA.
The Policy and Governance Unit (PGU) develops reports, policies, guidelines, tools and procedures to support ATIP requirements within CSC; oversees the Privacy Impact Assessment process; manages privacy breaches; reviews disciplinary, harassment, fact -finding and workplace violence reports and complex privacy requests related to said investigations; processes requests under 8(2) of the PA, including files for litigation and other court purposes; responds to use and disclosure complaints; and provides training.
The Intake, Processing and Retention Unit (IPRU), is comprised of one Manager and support staff. IPRU is responsible for processing incoming requests, generating routine correspondence, tasking retrievals, ensuring quality control, preparing final release packages, and providing general support to the ATIP office.
In addition, each sector, region, institution, district, parole office and community correctional centre has an ATIP liaison who assists the national ATIP Division in administering its overall responsibilities.
2.3 Delegation Order
The Commissioner of CSC is responsible for dealing with requests under the Access to Information Act and the PA. The Minister delegates this authority to members of departmental senior management, including the ATIP Division Departmental Coordinator (ATIP Director), to carry out their powers, duties, and functions under the Acts, in relation to ATIP requests. Certain authorities are delegated to particular positions in the ATIP Division at National Headquarters as shown in Appendix A of this report.
2.4 Initiatives and Priorities
The ATIP Division receives an average of two million pages annually, and is able to process approximately half that amount with the current staff complement. CSC ATIP manages many competing priorities on a daily basis, including an increasing number of requests related to legal proceedings, which are sensitive and urgent in nature, and manages a large backlog of files dating back several years. To manage these competing priorities as efficiently as possible, increased its overall complement on a temporary basis, including casuals, terms and consultants. In order to mitigate the most significant risks for CSC, ATIP has identified seven priorities:
(1) complaints under investigation by the Privacy Commissioner; (2) requests related to legal proceedings; (3) access to information requests; (4) implementing a fast-tracked approach for privacy requests; (5) current privacy requests (meeting legislative timeframes); (6) expedite the release of requests where a quick review is possible; and, (7) an informal disclosure process at the lowest level (regional or local levels). To date, these focused efforts have led to an approximate 30 percent increase in production (1.3 million pages in 2019-2020, up from one million pages in 2018-2019).
Dedicated teams within the ATIP Division have been identified to focus on the above-noted priorities, and this specialization is expected to enhance timeliness of responses, facilitate cohesion, and ensure consistent review methods. Results of the newly implemented fast - tracked approach for privacy requests include increased production and timelier release of documents.
ATIP is also examining potential efficiencies via an informal disclosure process in the regions. Following a discussion with the Privacy Commissioner in December 2018, ATIP participated in roundtable meetings with other government departments regarding the informal disclosure of documents to requesters. Work was then completed in-house to identify ways to simplify and streamline the ATIP process. With support from CSC’s Executive Committee, dialogue recently commenced with regional staff and a national working group was created to work collaboratively to pilot and eventually implement a process for the informal disclosure of personal information. Based on a review of current and historical data, a 15 to 20 percent reduction in workload is expected, which will allow ATIP to focus on other priorities.
The ATIP Division is dedicated to examining processes and looking at innovative ways to enhance operations, with the expectation that streamlining certain areas will result in a reduction in workload and allow our staff to focus on clearing the backlog. During the next fiscal year, the ATIP management team will be focusing on completing various staffing processes to bring stability to the team and increase our complement of staff that will better equip the team to address the backlog and other responsibilities.
3. Highlights of the Privacy Act Statistical Report for 2019-2020
3.1 Requests Processed Under the Privacy Act
In 2019-2020, CSC received 7,063 requests for personal information, an approximate 15 percent increase from the previous year. A total of 16,008 requests were carried over from the previous reporting year, totaling 23,071 requests requiring processing in 2019-2020. CSC responded to 3,128 requests for personal information, representing 14 percent of the total number of requests received and outstanding from the previous reporting period. Please refer to Appendix B for the Statistical Report.
3.1:Privacy Request Workload
This graph shows that in 2015-2016, 7,502 requests were received, 6,912 were outstanding from the previous reporting period, and 6,690 requests were closed. In 2016-2017, 6,861 requests were received, 7,784 were outstanding from the previous reporting period, and 4,326 were closed. In 2017-2018, 6,211 requests were received, 10,328 were outstanding from the previous reporting period, and 3,875 were closed. In 2018-2019, 6,134 requests were received, 12,707 were outstanding from the previous reporting period, and 2,895 were closed. In 2019-2020, 7,063 requests were received, 16,008 were outstanding from the previous reporting period, and 3,128 were closed.This graph shows the total workload of privacy requests as a sum of requests received during the reporting period and requests outstanding from the previous reporting period. The line illustrates the trend of files closed. As the graph outlines, there was an increase in the number of requests. Efficiencies continue to be implemented to address the long-standing backlog.
3.2 Disposition of Requests
Of the 3,128 requests completed during the 2019-2020 reporting period, 336 requests were full disclosures; 1,246 were partial disclosure; 11 were withheld in their entirety; 686 were unable to be processed resulting from no records existing; 847 were abandoned by the applicant, and two were neither confirmed nor denied.
3.2: Disposition of Requests
This graph shows that in the 2019-2020 reporting period, 336 requests were fully disclosed; 1,246 were partially disclosed; 11 were withheld in their entirety; 686 were unable to be processed resulting from no records existing; 847 requests were abandoned by the applicant; and two were neither confirmed nor denied.3.3 Exemptions
The majority of exemptions invoked by CSC fell under three sections of the PA:
- Section 26, used to protect personal information, was applied in 1,460 cases (40 percent);
- Section 22, used to protect information relating to law enforcement and investigations, was applied in 1,289 cases (36 percent); and
- Section 19, used to protect information obtained in confidence , was applied in 652 cases (18 percent).
A complete breakdown of the exemptions applied during this reporting period is as follows:
| Exemption Description | Number of Times Applied |
|---|---|
| Obtained in Confidence | 652 |
| International Affairs and Defence | 1 |
| Law Enforcement & Investigation | 1,289 |
| Individuals Sentenced for an Offence | 165 |
| Safety of Individual | 11 |
| Personal Information | 1,460 |
| Solicitor-Client Privilege | 30 |
| Library/Museum Material | 14 |
| Total | 3,622 |
3.4 Completion Time
uring the reporting period, CSC completed 209 requests in under 30 days; 433 between 31 and 60 days; 374 requests between 61 to 120 days; 185 requests between 121 to 180 days; and, 1,927 requests in over 180 days.
3.4: Completion Time
During the reporting period, CSC completed seven percent of requests in less than 30 days; 14 percent of requests in 31 to 60 days; 12 percent of requests in 61 to 120 days; six percent of requests in 121 to 180 days; and 61 percent of requests were completed in over 180 days.3.5 Deemed Refusals
Over the years, an increasing number of files have been closed beyond the statutory deadline. During this fiscal year, 84 percent of the requests (2,640) were closed beyond the statutory deadline, a 4 percent decrease from last fiscal year.
3.5: Deemed Refusals
This graph shows that in 2015-2016, 3,878 requests were deemed refused, 6,690 were closed, and 58 percent of the closed requests were deemed refused. In 2016-2017, 2,867 requests were deemed refused, 4,326 were closed, and 66 percent of the closed requests were deemed refused. In 2017-2018, 3,341 requests were deemed refused, 3,875 were closed, and 86 percent of the closed requests were deemed refused. In 2018-2019, 2,552 requests were deemed refused, 2,895 were closed, and 88 percent of the closed requests were deemed refused. In 2019-2020, 2,640 requests were deemed refused, 3,128 were closed, and 84 percent of the closed requests were deemed refused.3.6 Consultations from Other Institutions and Organizations
The ATIP Division’s workload involves responding to consultations in response to formal requests received by other institutions and organizations. CSC works closely with its partners under the Public Safety portfolio such a CBSA, RCMP, CSIS and PBC in an effort to respond to consultations in a timely fashion. CSC is consulted on such subjects as court cases, offender grievances, OCI matters, offender files, and deported individuals.
During the 2019-2020 reporting period, the ATIP Division received a total of 21 consultations from other institutions and organizations.
3.7 Disclosures Made Pursuant to Paragraph 8(2)(e) of the Privacy Act
During the 2019-2020 fiscal year, 132 disclosures pursuant to paragraph 8(2)(e) of the PA were made by CSC.
3.8 COVID-19 Measures and Mitigation Strategies
At the outset of the pandemic, CSC ATIP had some challenges to overcome, including:
- The ability to work remotely as most employees did not have laptops;
- Accepting new requests and correspondence from requesters and stakeholders, including being able to respond by regular mail was halted because on-site work was not permitted;
- Communication by telephone due to lack of cellular reception/service;
- The ability to process videos and records at the Protected C level (and higher) as these are only available in hard copy format;
- Limited access to the Virtual Private Network (VPN) requiring employees to import requests to their desktops in PDF format making it extremely challenging and time- consuming to identify information requiring protection, and then transfer those redactions into the AccessPro database when the VPN was available; and
- Offices of Primary Interest (OPIs) performing frontline services could not respond to retrieval requests.
However, CSC ATIP rose to the challenge and quickly implemented mitigation strategies, including:
- Providing all employees with laptops;
- A staggered onsite shift for a minimum number of administrative employees for the purposes of addressing incoming mail, and outgoing mail;
- Employees were provided with mobile phones so they could have immediate contact with their respective teams, stakeholders and requesters;
- Secure access to video vetting equipment was obtained allowing CSC ATIP to continue processing urgent requests for videos;
- The ATIP Division received its own teleconference number, providing teams with the ability to teleconference with their teams;
- CSC increased its VPN licenses;
- Record retrieval to frontline OPIs was prioritized and restricted to only the highest priority requests. With time and as the frontline OPIs adjusted, record retrieval resumed in full;
- E-post was adopted as an alternative to regular mail where possible; and
- Digital signatures were implemented.
4. Informal Requests
During the reporting period, CSC received 528 informal requests. A total of 1,196 requests were carried over from the previous reporting year, totaling 1,724 informal requests requiring processing in 2019-2020. These include:
- releasing information through informal means where possible;
- processing requests under subsection 8(2) of the PA, excluding paragraphs 8(2)(e) and (m); and
- reviewing investigation reports, including fact-finding, harassment, disciplinary, and workplace violence reports.
A total of 555 informal requests were closed during 2019-2020.
5. Training and Awareness
The PGU plays a fundamental role in developing and delivering training to employees at National Headquarters (NHQ), Regional Headquarters and at the institutional level across Canada, as well as the ATIP staff, on ATIP related matters.
During this reporting period, the ATIP Division continued delivering ATIP Awareness training to the sectors and the regions in order to ensure CSC employees have an understanding of ATIP and the importance of their role in the process.
In total, 18 training sessions were delivered this reporting period – nine sessions were delivered at NHQ – 91 employees received training. An additional nine training sessions were delivered by the Regional ATIP Liaisons in the regions, comprising of 110 employees.
PGU continues to provide advice and answer questions and concerns regarding training, policy and guidelines, and interpretations of the Acts through its generic email account. Through the use of these email accounts, CSC staff is provided with a single point of contact to increase their knowledge of the ATIP legislation.
6. Policies, Guidelines, Procedures and Initiatives
Over the past year, the ATIP Division has continued to update internal guidelines and procedures as required, including:
- Continued working with provincial Crowns to finalize the Memorandum of Understanding for a streamlined process in response to court proceedings for dangerous offender designation and long-term supervision orders.
- Statistical reporting in response to PA requests to ensure accuracy and improved coordination.
- Streamlining operating procedures.
- Liaising with sectors and regions to explore broadening the scope of processing requests informally.
7. Complaints and Audits
At the end of this reporting period, CSC received a total of 441 complaints with a total of 504 findings issued. This represents a 24 percent increase in the number of complaints received in 2018-2019 (355).
CSC receives a high number of requests for voluminous files, most often kept locally (decentralized) and in paper format due to the nature of the information. Similar to last fiscal year, the majority of privacy complaints received during this reporting period remain as delay/time limit complaints; followed by denial of access.
As a result of the Office of the Privacy Commissioner’s (OPC) investigations, recommendations, and the number of privacy complaints received (and carried over), CSC’s ATIP Division undertook several strategic measures during this 2019-2020 period. For example:
- ATIP continues to build its human resource component and dedicate the majority of staff to lessening the backlog.
- ATIP worked closely with the OPC and committed to responding to 177 outstanding complaints. Although, it was not able to respond to all of them during this fiscal year, it closed 129 files and will continue working on these in the new fiscal year .
- The ATIP Division has continued to make use of a divisional complaints coordinator in order to work closely with the OPC to respond to formal complaints and queries using a single point of contact.
There were no audits undertaken during this fiscal year.
8. Monitoring Compliance
The ATIP Division pulls reports form AccessPro Case Management on a regular basis in order to monitor due dates, and to manage its workload with the ultimate goal of meeting legislated timeframes. A report created to monitor the outstanding complaints with the OPC, is also provided to the ATIP Director on a bi-weekly basis.
CSC ATIP produces a monthly report for senior management that captures various statistics, including the number of requests received, closed, and outstanding. This report is shared with the Director General, Rights, Redress and Resolution and the Assistant Commissioner, Policy.
In addition to the reports, the IPRU actively monitors and triages incoming requests, regularly reporting to senior management any requirement to reassess priorities and redistribute workload to improve performance.
9. Material Privacy Breaches
During the 2019-2020 reporting period, the ATIP Division reported 47 material privacy breaches to the OPC and Treasury Board Secretariat (TBS). These breaches consisted of disclosure of personal information (1) due to human error; (2) to outside parties; (3) electronic access to information without a need to know; (4) theft/loss of records/electronic assets; and (5) victim information.
CSC ATIP worked closely with the OPIs to assess the breaches, identify corrective measures and ensure individuals were notified of the breach and their right to complain to the OPC.
CSC takes breaches of personal information seriously and continues to educate staff on the protection of personal information as follows:
- A continued and ongoing component of CSC training includes a comprehensive section on privacy breaches.
- Staff are continuously reminded of their obligations to safeguard and protect personal information and adopt privacy sensitive approaches in the workplace.
- The ATIP Division continues to work with all liaisons regarding reporting requirements, implementing corrective measures and prevention.
- ATIP continues to monitor Situation Reports on a daily basis to ensure all breaches have been reported in accordance with an up-to-date Breach Guideline publication.
10. Privacy Impact Assessments
In accordance with TBS policy, CSC undertakes Privacy Impact Assessments (PIAs) to ensure new and re-designed programs, initiatives and projects involving the collection, use, disclosure and retention of personal information are complying with the PA.
No PIAs were completed during the 2019-2020 fiscal year.
11. Public Interest Disclosures
Paragraph 8(2)(m) of the PA permits the disclosure of personal information where the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or where the disclosure would clearly benefit the individual to whom the information relates.
During the 2019-2020 fiscal year, 16 disclosures pursuant to paragraph 8(2)(m) of the PA were made by CSC. All public interest disclosures were made to family members/next of kin following a loved one’s death while in the care and custody of CSC. The OPC was notified before all of the disclosures occurred.
12. Federal Court
The ATIP Division received 13 Notices of Application for Judicial Review in this reporting period, most stemming from well-founded time delay complaints from the OPC.
Appendix A: Delegation Order
The Minister of Public Safety and Emergency Preparedness, pursuant to section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto to exercise the powers and perform the duties and functions of the Minister as the head of a government institution, that is, the Correctional Service of Canada, under the sections of the Act set out in the schedule opposite each position. This designation replaces all previous delegation orders.
| Section Article | Action | Commissioner | Senior Deputy Commissioner | Assistant Commissioner, Policy | Director, ATIP | Deputy Director, ATIP | Team Leaders, ATIP & Senior Policy Advisor | Regional Deputy Commissioners | Wardens & District Directors | Regional Administrators, Communications and Executive Services |
|---|---|---|---|---|---|---|---|---|---|---|
| 8(2)(e) | Disclose personal information to an investigative body specified in the Regulations for enforcing any law of Canada or a province or carrying out a lawful investigation | • | • | • | • | • | • | • | • | • |
| 8(2)(f) | Disclose personal information under an agreement or arrangement for the purpose of administering or enforcing any law or carrying out a lawful investigation | • | • | • | • | • | • | • | • | • |
| 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) | Record of disclosures to be retained | • | • | • | • | • | • | • | • | • |
| 9(4) | Consistent uses | • | • | • | • | • | ||||
| 10 | Personal information to be included in personal information banks | • | • | • | • | • | • | |||
| 14 | Notice when access requested | • | • | • | • | • | • | |||
| 15 | Extension of time limits | • | • | • | • | • | • | |||
| 17(2)(b) | Language of access | • | • | • | • | • | • | |||
| 17(3)(b) | Access to personal information in alternative format | • | • | • | • | • | • | |||
| 18(2) | Exemption (exempt bank) - Disclosure may be refused | • | • | • | • | • | ||||
| 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 | • | • | • | • | • | • | |||
| 22.3 | Exemption - Public Servants Disclosure Protection Act | • | • | • | • | • | • | |||
| 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 intention to investigate | • | • | • | • | • | • | • | • | • |
| 35(1) | Findings and recommendations of Privacy Commissioner | • | • | • | • | • | • | • | • | • |
| 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 | • | • | • | • | • | • | • | • | • |
| 70 | Confidences of the Queen’s Privy Council for Canada | • | • | • | • | • | • | |||
| 72(1) | Annual 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 | • | • | • | ||||||
| 13(1) | Disclosure of personal information relating to physical or mental health may be made to a qualified medical practitioner or psychologist for an opinion on whether to release information to the requester | • | • | • | ||||||
| 14 | Disclosure of personal information relating to physical or mental health may be made to a requester in the presence of a qualified medical practitioner or psychologist | • | • | • | ||||||
|
Dated, at the City of Ottawa, this ____th day of ___________, 2016 ________________________________________________________________ Minister of Public Safety and Emergency Preparedness |
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Appendix B: Statistical Report on the Privacy Act
Statistical Report on the Privacy Act
Name of institution: Correctional Service Canada
Reporting period: 2020-04-01 to 2020-03-31
Section 1: Requests Under the Privacy Act
1.1 Number of requests
| Number of Requests | |
|---|---|
| Received during reporting period | 7,063 |
| Outstanding from reporting period | 16,008 |
| Total | 23,071 |
| Closed during reporting period | 3,128 |
| Carried over to next reporting period | 19,943 |
Section 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 | 11 | 63 | 70 | 21 | 69 | 102 | 336 |
| Disclosed in part | 2 | 32 | 148 | 167 | 78 | 198 | 621 | 1,246 |
| All exempted | 0 | 0 | 4 | 1 | 0 | 5 | 1 | 11 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| No records exist | 30 | 96 | 153 | 98 | 46 | 131 | 132 | 686 |
| Request abandoned | 12 | 26 | 65 | 37 | 40 | 44 | 623 | 847 |
| Neither confirmed nor denied | 0 | 0 | 0 | 1 | 0 | 0 | 1 | 2 |
| Total | 44 | 165 | 433 | 374 | 185 | 447 | 1,480 | 3,128 |
2.2 Exemptions
| Section | Number of Requests | Section | Number of Requests | Section | Number of Requests |
|---|---|---|---|---|---|
| 18(2) | 0 | 22(1)(a)(i) | 291 | 23(a) | 0 |
| 19(1)(a) | 4 | 22(1)(a)(ii) | 77 | 23(b) | 0 |
| 19(1)(b) | 3 | 22(1)(a)(iii) | 8 | 24(a) | 4 |
| 19(1)(c) | 344 | 22(1)(b) | 359 | 24(b) | 161 |
| 19(1)(d) | 301 | 22(1)(c) | 550 | 25 | 11 |
| 19(1)(e) | 0 | 22(2) | 0 | 26 | 1,460 |
| 19(1)(f) | 0 | 22.1 | 0 | 27 | 30 |
| 20 | 0 | 22.2 | 0 | 28 | 0 |
| 21 | 1 | 22.3 | 4 | 28 | 0 |
| 22.4 | 0 |
2.3 Exclusions
| Section | Number of Requests | Section | Number of Requests | Section | Number of Requests |
|---|---|---|---|---|---|
| 69(1)(a) | 14 | 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 |
|---|---|---|
| 1,570 | 12 | 0 |
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
| Number of Pages Processed | Number of Pages Disclosed | Number of Requests |
|---|---|---|
| 446,986 | 298,293 | 2,442 |
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 | 308 | 6,546 | 26 | 4,505 | 2 | 1,097 | 0 | 0 | 0 | 0 |
| Disclosed in part | 561 | 18,936 | 481 | 93,040 | 129 | 74,367 | 70 | 92,531 | 5 | 7,274 |
| All exempted | 10 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 725 | 0 | 93 | 0 | 21 | 0 | 0 | 0 | 0 | 0 |
| Neither confirmed nor denied | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 1,606 | 25,479 | 600 | 97,545 | 153 | 75,464 | 78 | 92,531 | 5 | 7,274 |
2.5.3 Other complexities
| Disposition | Consultation Required | Legal Advice Soughts | Interwoven Information | Other | Total |
|---|---|---|---|---|---|
| All disclosed | 0 | 0 | 0 | 0 | 0 |
| Disclosed in part | 18 | 0 | 0 | 1 | 19 |
| 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 | 26 | 0 | 0 | 1 | 27 |
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 | 488 |
| Percentage of requests closed within legislated timelines (%) | 16 |
2.7 Deemed refusals
2.7.1 Reasons for not meeting legislated timelines
| Number of Requests Closed Past the Legislated Timelines | Principal Reason | |||
|---|---|---|---|---|
| Interference with Operations / Workload | External Consultation | Internal Consultation | Other | |
| 2,640 | 2,637 | 2 | 0 | 1 |
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 | 101 | 68 | 169 |
| 16 to 30 days | 93 | 57 | 150 |
| 31 to 60 days | 65 | 84 | 149 |
| 61 to 120 days | 117 | 76 | 193 |
| 121 to 180 days | 113 | 51 | 164 |
| 181 to 365 days | 323 | 63 | 386 |
| More than 365 days | 1,021 | 408 | 1,429 |
| Total | 1,833 | 807 | 2,640 |
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 |
|---|---|---|---|
| 132 | 16 | 3 | 151 |
Section 4: Requests for Correction of Personal Information and Notations
| Disposition for Correction Requests Received | Number |
|---|---|
| Notations attached | 1 |
| Requests for correction accepted | 0 |
| Total | 1 |
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 | ||
| 3,234 | 0 | 0 | 3,234 | 0 | 0 | 0 | 0 | 0 |
5.2 Length of extensions
| 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 | ||
| 1 to 15 days | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 16 to 30 days | 0 | 0 | 3,234 | 0 | 0 | 0 | 0 | 0 |
| 31 days or greater | 0 | |||||||
| Total | 0 | 0 | 3,234 | 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 | 12 | 239 | 9 | 475 |
| Outstanding from the previous reporting period | 2 | 460 | 4 | 85 |
| Total | 14 | 699 | 13 | 560 |
| Closed during the reporting period | 13 | 249 | 9 | 501 |
| Carried over to the next reporting period | 1 | 450 | 4 | 59 |
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 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 2 |
| Disclosed in part | 5 | 3 | 2 | 0 | 0 | 0 | 1 | 11 |
| 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 | 7 | 3 | 2 | 0 | 0 | 0 | 1 | 13 |
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 | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 3 |
| Disclosed in part | 3 | 3 | 0 | 0 | 0 | 0 | 0 | 6 |
| 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 | 4 | 4 | 0 | 0 | 0 | 0 | 1 | 9 |
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 | 501-1000 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 |
Section 8: Complaints and Investigations Notices Received
| Section 31 | Section 33 | Section 35 | Court action | Total |
|---|---|---|---|---|
| 437 | 0 | 434 | 13 | 884 |
Section 9: Privacy Impact Assessments (PIA) 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 |
|---|---|---|---|---|
| 25 | 0 | 0 | 0 |
Section 10: Material Privacy Breaches
| Number of material privacy breaches reported to TBS | 47 |
|---|---|
| Number of material privacy breaches reported to OPC | 47 |
Section 11: Resources Related to the Privacy Act
11.1 Costs
| Expenditures | Amount | |
|---|---|---|
| Salaries | $2,550,826 | |
| Overtime | $95,730 | |
| Goods and Services | $449,898 | |
|
$435,106 | |
|
$14,792 | |
| Total | $3,096,454 | |
11.2 Human Resources
| Resources | Person Years Dedicated to Privacy Activities |
|---|---|
| Full-time employees | 30.00 |
| Part-time and casual employees | 5.00 |
| Regional staff | 0.00 |
| Consultants and agency personnel | 2.00 |
| Students | 0.30 |
| Total | 37.30 |
Appendix C: 2019-2020 Supplementary 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.
Requests Received
| Number of requests | |
|---|---|
| Received from 2019-04-01 to 2020-03-13 | 6,833 |
| Received from 2020-03-14 to 2020-03-31 | 230 |
| Total | 7,063 |
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.
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 | 488 | 2,640 |
| Received from 2020-03-14 to 2020-03-31 | 0 | 0 |
| Total | 488 | 2,640 |
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.
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 | 19,713 |
| Requests from 2020-03-14 to 2020-03-31 that were carried over to the 2020-2021 reporting period | 230 |
| Total | 19,943 |
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