Annual Report to Parliament on the Privacy Act 2020 to 2021
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 Actover 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, 2020 to March 31, 2021.
2. Organizational Structure
2.1 About Correctional Service of Canada
The purpose of the federal correctional system, as defined in law, is to contribute to the maintenance of a just, peaceful and safe society by carrying out sentences for offenders sentenced to two years or more imposed by courts. This is done through the safe and humane custody and supervision of offenders, and by assisting the rehabilitation of offenders and their safe reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and in the community (Corrections and Conditional Release Act, s.3).
CSC works closely with its Public Safety Portfolio partners, including the Royal Canadian Mounted Police (RCMP), the Parole Board of Canada (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 Division
The Access to Information and Privacy (ATIP) Division reports to the Director General of Rights, Redress and Resolution under the Policy Sector and has five units:
- Access to Information Operations
- Backlog Management
- Privacy Operations
- Policy and Governance
- Intake, Processing and Retention Unit (ATIP Administrative Team)
The Access to Information Operations team 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 Management team is responsible for the backlog files and judicial reviews further to well-founded complaints from the Office of the Privacy Commissioner (OPC).
The Privacy Operations team processes formal and informal requests under the PA and responds to complaints from the OPC. The regional employees assigned to ATIP work with this team to support the fast track files.
The Policy and Governance Unit (PGU) develops reports, policies, guidelines, tools and procedures to support ATIP requirements within CSC. The team oversees the Privacy Impact Assessment process; manages privacy breaches; reviews disciplinary, harassment, fact-finding and workplace violence reports and complex privacy requests related to investigations; responds to use and disclosure complaints; public interest disclosure releases; and provides training. The team also oversees files for requests under subsection 8(2) of the PA, including files for litigation; dangerous offender applications and long-term supervision orders; other court purposes; and on-going investigations.
The Intake, Processing and Retention Unit (IPRU) is responsible for processing incoming requests, generating routine correspondence, tasking retrievals, ensuring quality control, preparing final release packages, responding to calls received on ATIP’s Toll Free number, and providing general support to the 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.
During the 2020-2021 fiscal year, there were 51 employees dedicated to privacy activities as follows:
- 35.5 full-time employees
- 12.75 part-time and casual employees
- 2.75 regional staff
2.3 Delegation Order
The Commissioner of CSC is responsible for the administration of 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
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.
Despite the huge challenges created by the COVID-19 pandemic, the ATIP Division continued to work on its initiatives and priorities identified in the 2019-2020 Annual Report. During this fiscal year, CSC ATIP examined its processes and continues to explore innovative ways to enhance its operations.
The following is a summary of the four main initiatives implemented and examined during 2020-2021:
(1) Fast Track Process
In December 2020, 15 additional temporary regional resources were allocated to the fast track process implemented in January 2020. Utilizing these resources, fast track teams were created to review the six low risk personal information banks - Health Care, Education and Training, Employment, Admissions and Discharge, Sentence Management and Grievances.
From December 1, 2020 to March 31, 2021, the fast track teams processed 353,537 pages which represents approximately one third of the total production in 2020-2021.
At the end of the fiscal year, nine of these temporary resources are still allocated to the fast track process.
(2) Informal Disclosure Working Group
A working group was created to examine the routine release of some personal information (i.e. health information) within the institutions. There was representation from all regions and it concluded its work in January 2021. Unfortunately, the regions also have limited capacity and have been unable to identify resources available to take on additional work at this time. Nonetheless, some efficiencies have been identified, but they are limited in terms of their impact on the ATIP Division’s workload
(3) Process and Technological Innovation
The ATIP Division increased its licensing footprint for video/audio redacting to ensure a greater capacity to process these requests in a timely manner – our complement increased from three
employees to 10. Collaboration with CSC – Information Management Team is currently underway to obtain a server, which will allow CSC ATIP to process Protected C files electronically.
(4) High Risk and Sensitive Files
In order to address an increased demand for high risk and sensitive files (complaints, judicial review applications, litigation and requests from Crown Counsels), resources were reallocated internally to dedicated teams in order to:
(i) meet all CSC court-ordered deadlines and avoid delays that can create legal risks for CSC further to on-going litigation. Others include O’Connor requests, Faint Hope applications and human rights cases before the Canadian Human Rights Tribunal;
(ii) process privacy complaints and avoid/decrease judicial review applications; and
(iii) contribute to public safety by processing requests from crown attorneys for dangerous offender applications and long-term supervision orders efficiently and timely.
Addressing, the backlog requests still remains one of CSC’s top priorities, and CSC will continue to look at innovative ways to achieve results on this priority now and during the next years.
Challenges and Mitigation Strategies:
Treasury Board compliance expectations are approximately 85 percent for privacy requests. CSC’s ATIP Division has a low compliance rate in comparison – 10.5 percent for the 2020-2021 fiscal year. A number of factors have contributed to low compliance, including:
(1) A high number of historical backlog files, some dating back to 2013:
The ATIP Division is currently managing a historic backlog dating back to 2013 totaling more than 8.2 million pages at the end of fiscal year – 7.5 million pages are privacy backlog; approximately 265,000 are access to information backlog; and the remaining 444,000 pages are backlog related to records for court purposes and investigation reports. The backlog has become compounded over many years, which is attributable to receiving approximately 2 million pages annually while only having the capacity to process 1.3 million pages.
The ATIP Division has to review an average of 1.7 million pages per year under the Privacy Act. Its existing capacity, which includes additional resources allocated in December 2020, can only process approximately 410,000 pages under the Privacy Act annually.
(2) An exponential increase in requests for reviews of documents for court proceedings:
Over the past five years, CSC has seen an increase of approximately 2,889 percent in the volume of requests stemming from high risk and sensitive files. These are requests to support legal proceeding, including class action lawsuits, civil litigations, human rights cases, and other cases with court-imposed deadlines. In addition, there has been an increase in requests from provincial Crown Attorneys for dangerous offender applications and long-term supervision orders.
While several of these requests are not filed under the PA, given their importance to legal processes and court orders, the ATIP Division is required to prioritize them for action thereby exacerbating the existing backlog. In order to address the above-mentioned high risk and sensitive files, CSC restructured the ATIP Division in December 2020. As a result, approximately 67 percent of the team’s resources were allocated to respond to this priority area.
These files represent more than one third of the ATIP Division’s workload. During fiscal year 2020-2021, they accounted for 334,583 out of 915,872 pages closed, representing 37 percent of the total production. There is currently a backlog of 386,487 pages.
(3) Disproportionally low number of staff to respond to the demands:
While the ATIP Division currently has 51 full-time employees dedicated to privacy activities and 7.75 dedicated to access activities, this capacity is not adequate to process a sufficient number of pages annually to both respond to incoming requests, meet court deadlines, and process the backlog. It is estimated that CSC’s ATIP Division will need to increase its capacity substantially in order to respond to the increasing demands while addressing the existing backlog.
In order to respond to the above noted challenges, CSC has taken three important actions:
(i) The implementation of the fast track process.
(ii) CSC created a Class Action Management Office (CAMO) in March 2021. The CAMO is composed of a team whose exclusive mandate is to administer the files of offenders involved in the class action suit regarding administrative segregation. The CAMO will operate as an entity separate from the ATIP Division.
(iii) CSC is currently developing a Strategic Action Plan to address all issues/challenges described above. The comprehensive Strategic Action Plan will focus on four pillars: (1) Our Resources and People, (2) Our Infrastructure, (3) Our Culture and Practices, and (4) Our Results. These four pillars will identify various opportunities for additional resources leveraging partnerships with academic institutions; working with our Information Management experts in CSC, Shared Services Canada and Treasury Board Secretariat (TBS) to strengthen our technological capabilities to fully digitize our ATIP processes; promote a culture of client satisfaction; and ensure accountability for timely and sustainable results.
As an interim measure, CSC is providing approximately 3.2 million dollars to address immediate needs and strengthen ATIP’s capacity to respond to its corporate obligations. A staffing action is currently underway. This will ensure new employees are mobilized to actively contribute to ATIP operations within a short timeframe. This will assist in reducing the backlog, increasing compliance rates for privacy requests, ensuring timely responses to complaints, supporting litigation response processes and improving corporate readiness and awareness.
3. Performance 2020-2021
3.1 Requests Processed Under the Privacy Act
In 2020-2021, CSC received 6,224 requests for personal information, an approximate 12 percent decrease from the previous year. A total of 19,996 requests were carried over from the previous reporting year, totaling 26,220 requests requiring processing in 2020-2021. CSC responded to 2,469 requests for personal information, representing nine 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 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. In 2020-2021, 6,224 requests were received, 19,996 were outstanding from the previous reporting period, and 2,469 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 a decrease in the number of requests closed in 2020-2021. Efficiencies continue to be implemented to address the long-standing backlog.
3.2 Disposition of Requests
Of the 2,469 requests completed during the 2020-2021 reporting period, 393 requests were full disclosures; 1,079 were partial disclosures; eight were withheld in their entirety; no records existed for 391; and 598 were abandoned by the requesters. In summary, 16 percent of requests were full disclosures and 44 percent were partial disclosures.
3.2: Disposition of Requests
This graph shows that in the 2020-2021 reporting period, 393 requests were fully disclosed; 1,079 were partially disclosed; eight were withheld in their entirety; no records existed for 391; and 598 requests were abandoned by the requester. In summary, 16 percent of the requests were full disclosures and 44 percent were partial disclosures.3.3 Exemptions
The majority of exemptions invoked by CSC were under three sections of the PA:
- Section 26 was applied in 1,135 cases (50 percent) to protect personal information of individuals;
- Section 22 was applied in 692 cases (31 percent) to protect information relating to law enforcement and investigations; and
- Section 19 was applied in 294 cases (13 percent) to protect information obtained in confidence.
A complete breakdown of the exemptions applied during this reporting period is as follows:
| Exemption Description | Number of Times Applied |
|---|---|
| Obtained in Confidence | 294 |
| International Affairs and Defence | 1 |
| Law Enforcement & Investigation | 692 |
| Individuals Sentenced for an Offence | 101 |
| Safety of Individual | 7 |
| Personal Information | 1,135 |
| Solicitor-Client Privilege | 23 |
| Medical Records | 3 |
| Library/Museum Material | 1 |
| Total | 2,257 |
3.4 Completion Time
During the reporting period, CSC completed 145 requests in under 30 days; 152 between 31 and 60 days; 227 requests between 61 and 120 days; 217 requests between 121 and 180 days; and 1,728 requests in over 180 days.
3.4: Completion Time
During the reporting period, CSC completed six percent of requests in less than 30 days; six percent of requests in 31 to 60 days; nine percent of requests in 61 to 120 days; nine percent of requests in 121 to 180 days; and 70 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 legislated timeline. During this fiscal year, 90 percent of the requests (2,210) were closed beyond the legislated timeline, a six percent increase from last fiscal year.
3.5: Deemed Refusals
This graph shows that 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. In 2020-2021, 2,210 requests were deemed refused, 2,469 were closed, and 90 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 2020-2021 reporting period, the ATIP Division received a total of 25 consultations from other government institutions and organizations.
3.7 Disclosures Made Pursuant to Paragraph 8(2)(e) of the Privacy Act
During the 2020-2021 fiscal year, 156 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 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 649 informal requests. A total of 1,170 requests were carried over from the previous reporting year, totaling 1,819 informal requests requiring processing in 2020-2021. 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 617 informal requests were closed during 2020-2021.
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 fiscal year, the ATIP Division offered less training and awareness sessions compared to previous years. This is due to challenges presented by the pandemic, the massive backlog and related heavy workload, the lack of seasoned team leaders and the increasingly urgent and competing priorities.
In total, three training sessions were delivered this reporting period – one session was delivered at NHQ – 23 employees received training. An additional two training sessions were delivered by the Regional ATIP Liaisons in the regions, comprising of 38 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.
7. Complaints, Compliance Investigations and Audits
At the end of this reporting period, CSC received a total of 411 complaints with a total of 288 findings issued. This represents a seven percent decrease in the number of complaints (441) received in 2019-2020. At the end of fiscal year 2020-2021, there were 564 active complaints.
The majority of privacy complaints received during this reporting period are related to 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 2020-2021 period. For example:
- ATIP continues to prioritize providing timely responses. The Division remains focused on building its human resource component and dedicating staff to lessening the backlog.
- ATIP worked closely with the OPC on outstanding complaints and will continue to make this a priority 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.
CSC also received one compliance investigation related to GCKey cyber-attacks. CSC has not received a finding to date. There were no audits undertaken during this fiscal year.
8. Monitoring Compliance
The ATIP Division pulls reports from AccessPro Case Management on a regular basis in order 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 outlines various outputs, 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 2020-2021 reporting period, the ATIP Division reported 35 material privacy breaches to the OPC and 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; and (4) theft/loss of records/electronic assets.
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. When examining these breaches in more detail, a gap was identified in privacy awareness and training at the management level. As such the ATIP Division will focus on providing training/awareness sessions related to the collection, use, disclosure, retention and disposal of personal information to all management during the next fiscal year to ensure they understand their responsibilities and accountabilities under the Privacy Act.
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 and management 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 TBS’s Guidelines for Privacy Breaches and CSC’s Breach Guidelines.
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 2020-2021 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 2020-2021 fiscal year, 3,798 disclosures pursuant to paragraph 8(2)(m) of the PA were made by CSC. Eleven of the public interest disclosures were made to family members/next of kin following a death while in the care and custody of CSC. The OPC was notified before all of the disclosures occurred. The remaining 3,787 disclosures were made to public health authorities within the provinces and were related to the release of personal information of both employees and offenders following COVID-19 outbreaks at the institutions. Although the OPC was informally notified (verbally) these disclosures would be taking place and formal notification would follow, the volume of disclosures and the complexity of the requirements of each province has delayed formal notification.
12. Federal Court
The ATIP Division received seven Notices of Application for Judicial Review in this reporting period, most stemming from time delay complaints by the OPC.
Appendix A – Delegation Order
Delegation Order – Privacy Act and Privacy Regulations
Correctional Service Canada
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 2021-03-31
Section 1: Requests Under the Privacy Act
1.1 Number of requests
| Type of request | Number of Requests |
|---|---|
| Received during reporting period | 6224 |
| Outstanding from previous reporting period | 19996 |
| Total | 26220 |
| Closed during reporting period | 2469 |
| Carried over to next reporting period | 23751 |
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 | 3 | 12 | 33 | 28 | 38 | 107 | 172 | 393 |
| Disclosed in part | 7 | 20 | 59 | 90 | 85 | 197 | 621 | 1079 |
| All exempted | 0 | 0 | 0 | 1 | 0 | 1 | 6 | 8 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| No records exist | 63 | 15 | 26 | 49 | 89 | 85 | 64 | 391 |
| Request abandoned | 20 | 5 | 34 | 59 | 5 | 95 | 380 | 598 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 93 | 52 | 152 | 227 | 217 | 485 | 1243 | 2469 |
2.2 Exemptions
| Section | Number of Requests | Section | Number of Requests | Section | Number of Requests |
|---|---|---|---|---|---|
| 18(2) | 0 | 22(1)(a)(i) | 122 | 22.4 | 0 |
| 19(1)(a) | 2 | 22(1)(a)(ii) | 40 | 23(a) | 0 |
| 19(1)(b) | 0 | 22(1)(a)(iii) | 3 | 23(b) | 0 |
| 19(1)(c) | 176 | 22(1)(b) | 178 | 24(a) | 2 |
| 19(1)(d) | 116 | 22(1)(c) | 349 | 24(b) | 99 |
| 19(1)(e) | 0 | 22(2) | 0 | 25 | 7 |
| 19(1)(f) | 0 | 22.1 | 0 | 26 | 1135 |
| 20 | 0 | 22.2 | 0 | 27 | 23 |
| 21 | 1 | 22.3 | 0 | 27.1 | 0 |
| 28 | 3 |
2.3 Exclusions
| Section | Number of Requests | Section | Number of Requests | Section | Number of Requests |
|---|---|---|---|---|---|
| 69(1)(a) | 1 | 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 |
|---|---|---|
| 1335 | 137 | 0 |
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
| Number of Pages Processed |
Number of Pages Disclosed |
Number of Requests |
|---|---|---|
| 348451 | 249157 | 2078 |
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 | 333 | 9041 | 58 | 10282 | 2 | 1351 | 0 | 0 | 0 | 0 |
| Disclosed in part | 530 | 20557 | 410 | 78780 | 77 | 40212 | 58 | 57938 | 4 | 11767 |
| 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 | 539 | 2142 | 46 | 7829 | 6 | 919 | 7 | 8339 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 1410 | 31740 | 514 | 96891 | 85 | 42482 | 65 | 66277 | 4 | 11767 |
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 | 7 | 0 | 0 | 0 | 7 |
| All exempted | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 1 | 0 | 0 | 0 | 1 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 | 8 |
2.6 Closed requests
2.6.1 Number of requests closed within legislated timelines
Number of requests closed within legislated timelines: 259
Percentage of requests closed within legislated timelines (%): 10.5
2.7 Deemed refusals
2.7.1 Reasons for not meeting legislated timelines
| Number of Requests Closed Past the Statutory Deadline | Principal Reason | |||
|---|---|---|---|---|
| Interference with Operations / Workload |
External Consultation | Internal Consultation | Other | |
| 2210 | 2210 | 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 | 8 | 42 | 50 |
| 16 to 30 days | 31 | 27 | 58 |
| 31 to 60 days | 60 | 73 | 133 |
| 61 to 120 days | 72 | 135 | 207 |
| 121 to 180 days | 66 | 89 | 155 |
| 181 to 365 days | 230 | 221 | 451 |
| More than 365 days | 759 | 397 | 1156 |
| Total | 1226 | 984 | 2210 |
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 |
|---|---|---|---|
| 156 | 3798 | 11 | 3965 |
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 volume of pages | Large volume of requests | Documents are difficult to obtain | Cabinet Confidence Section (Section 70) | External | Internal | ||
| 369 | 0 | 0 | 369 | 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 | 369 | 0 | 0 | 0 | 0 | 0 |
| 31 days or greater | 0 | |||||||
| Total | 0 | 0 | 369 | 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 | 16 | 692 | 9 | 271 |
| Outstanding from the previous reporting period | 3 | 450 | 3 | 2 |
| Total | 19 | 1142 | 12 | 273 |
| Closed during the reporting period | 9 | 450 | 6 | 253 |
| Carried over to the next reporting period | 10 | 692 | 6 | 20 |
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 | 2 | 0 | 2 | 3 | 1 | 0 | 0 | 8 |
| 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 | 1 | 0 | 0 | 0 | 0 | 0 | 1 |
| Tota | 2 | 1 | 2 | 3 | 1 | 0 | 0 | 9 |
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 | 1 | 0 | 0 | 0 | 1 |
| Disclosed in part | 3 | 0 | 1 | 0 | 1 | 0 | 0 | 5 |
| 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 | 3 | 0 | 1 | 1 | 1 | 0 | 0 | 6 |
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 |
|---|---|---|---|---|
| 406 | 0 | 242 | 7 | 655 |
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 | 35 |
| Number of material privacy breaches reported to OPC | 35 |
Section 11: Resources Related to the Privacy Act
11.1 Costs
| Expenditures | Amount | |
|---|---|---|
| Salaries | $3,401,439 | |
| Overtime | $98,678 | |
| Goods and Services | $15,296 | |
|
$0 | |
|
$15,296 | |
| Total | $3,515,413 | |
11.2 Human Resources
| Resources | Person Years Dedicated to Privacy Activities |
|---|---|
| Full-time employees | 35.500 |
| Part-time and casual employees | 12.750 |
| Regional staff | 2.750 |
| Consultants and agency personnel | 0.000 |
| Students | 0.000 |
| Total | 51.000 |
Note: Enter values to three decimal places.
Appendix C – 2020-2021 Supplemental Statistical Report on the Access to Information and Privacy Act
Statistical Report on the Access to Information Act
Name of institution: Correctional Service Canada
Reporting period: 2020-04-01 to 2021-03-31
Section 1: Capacity to Receive Requests
Enter the number of weeks your institution was able to receive ATIP requests through the different channels.
| Type of request | Number of weeks |
|---|---|
| Able to receive requests by mail | 47 |
| Able to receive requests by email | 52 |
| Able to receive requests through the digital request service | 0 |
Section 2: Capacity to Process Records
2.1 Enter the number of weeks your institution was able to process paper records in different classification levels.
| Type of records | No capacity | Partial capacity | Full capacity | Total |
|---|---|---|---|---|
| Unclassified Paper Records | 0 | 0 | 52 | 52 |
| Protected B Paper Records | 0 | 0 | 52 | 52 |
| Secret and Top Secret Paper Records | 0 | 52 | 0 | 52 |
2.2 Enter the number of weeks your institution was able to process electronic records in different classification levels.
| Type of records | No capacity | Partial capacity | Full capacity | Total |
|---|---|---|---|---|
| Unclassified Electronic Records | 0 | 52 | 0 | 52 |
| Protected B Electronic Records | 0 | 52 | 0 | 52 |
| Secret and Top Secret Electronic Records | 52 | 0 | 0 | 52 |
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