Archived: 2015 to 2016 report: Privacy Act, Department of Environment

Introduction

The Privacy Act (R.S.C. 1985, c. P-21) came into force on July 1, 1983. The Act governs how the federal government may collect personal information, restricts the use and disclosure of this information, and gives individuals a right to review and correct their personal information. Section 72 requires every head of a federal government institution to submit a report to Parliament on the administration of the Act within their institution during the fiscal year.This report is submitted in accordance with section 72 of the Act. It presents an overview of activities related to the Privacy Act carried out within Environment and Climate Change Canada during the reporting period of April 1, 2015 to March 31, 2016.  Further, since the Canada Emission Reduction Incentives Agency was not operational during this reporting period, an Agency report will not be prepared for this period.The Department of the Environment was established by the Government Reorganization Act (1970-71-72, c. 42) on June 10, 1971. A number of acts and regulations provide the Department with its mandate and allow it to carry out its programs. Under the Department of the Environment Act, the powers, duties and functions of the Minister of the Environment extend to and include matters relating to:

• the preservation and enhancement of the quality of the natural environment, including water, air and soil quality;
• renewable resources, including migratory birds and other non-domestic flora and fauna;
• water;
• meteorology;
• the enforcement of any rules or regulations made by the International Joint Commission relating to boundary waters; and
• the coordination of the policies and programs of the Government of Canada respecting the preservation and enhancement of the quality of the natural environment.

Organizational structure

The Director General of the Corporate Secretariat is Environment and Climate Change Canada’s Access to Information and Privacy Coordinator, and has delegated authority on all matters concerning Access to Information and Privacy (ATIP). The ATIP Division, which is a part of the Corporate Secretariat, is the central coordinating body for all requests received by Environment and Climate Change Canada under the Privacy Act and the Access to Information Act.

The ATIP Division directs all activities within Environment and Climate Change Canada relating to the administration, application and promotion of the Privacy Act and the Access to Information Act. It provides advice to senior management on the implementation of the statutes and prepares reports to Parliament, the Treasury Board Secretariat and senior management. The ATIP Division represents the Department in complaints and investigations conducted by the Information Commissioner and Privacy Commissioner of Canada, and in any Federal Court applications arising from ATIP matters.

The ATIP Division is currently comprised of 19 officers.

Capacity development

Environment and Climate Change Canada remains committed to recruiting, training and maintaining a workforce that possesses specialized skills and that will continue to provide the best possible service to both internal and external clients.

During the reporting period, Environment and Climate Change Canada undertook several staffing activities to fill new positions that were created in 2014-2015.  In addition, efforts continued to staff vacant positions within the Division.

Environment and Climate Change Canada is also continuing to focus on developing capacity through its ATIP Professional Development Program. The program aims to train employees over a period of three to five years through a combination of competency-based training, professional development training and work assignments. Candidates enter the program at the PM-01 or PM-02 level and graduate as Senior ATIP Advisors at the PM-04 level. Current participants are progressing through the program.

The Professional Development Program is enabling the ATIP Division to better manage increasing workloads while facilitating succession planning through the transfer of corporate memory. The program also encourages staff to remain with the Department for a longer period of time.  A new intake into the Professional Development Program, at both the PM-01 and PM-02 levels is planned for early in the 2016-2017 fiscal year.

Delegation of authority

Decision-making responsibility for the application of the various provisions of the Privacy Act has been formally established and is outlined in the departmental Delegation of Authority Instrument. The current Designation Orders were approved by the Honourable Leona Aglukkaq, former Minister of the Environment, on September 17, 2013. A copy of the designation order pertaining to the Privacy Act can be found in Appendix B of this report.

Interpretation of the statistical report

Environment Canada's Statistical Report on the Privacy Act is included in Appendix A of this report.

Between April 1, 2015 and March 31, 2016, Environment and Climate Change Canada received 76 requests under the Privacy Act. There were also 7 requests carried forward from the 2014–2015 reporting period, for a total of 83 active requests. In 2015–2016, a total of 73 requests were completed.  Ten (10) requests were carried forward to the next reporting period.

Trends

Environment and Climate Change Canada received 49 more requests under the Privacy Act in 2015–2016 than in the previous fiscal year; this represents an increase of 181% in the number of privacy requests received.  Over half of the requests received this year pertain to one issue and represents a surge in privacy related workload for the department.  

The number of requests under the Privacy Act received by Environment and Climate Change Canada from 2010–2011 to 2015–2016 is found in figure 1.

Environment and Climate Change Canada completed 73 requests under the Privacy Act in 2015–20156. Figure 2 displays the number of requests under the Privacy Act completed by Environment and Climate Change Canada from 2010–2011 to 2015–2016.

Figure 3 shows the number of pages processed by the ATIP Division in processing requests under the Privacy Act from 2010–2011 to 2015–2016.

In the 2015–2016 reporting period, 15,042 pages of records were retrieved and reviewed in response to Privacy requests which represents a significant increase of 273% over the 2014–2015 fiscal year. 

The number of pages disclosed by the ATIP Division in processing requests under the Privacy Act from 2010–2011 to 2015–2016 is found in figure 4.

Corrections

Paragraph 12(2)(a) of the Privacy Act gives individuals a right to request a correction of personal information about them held by the federal government.

No corrections were requested or made in the 2015–2016 reporting period.

Disclosure under subsection 8(2)

Paragraphs 8(2)(e), (f), (g), and (m) of the Privacy Act permit the disclosure of personal information to various investigative/regulatory bodies or to Members of Parliament, or if disclosure is in the public interest.

No disclosures under subsection 8(2), including under paragraph 8(2)(m), were completed in the 2015–2016 reporting period.

Consultations

In 2015–2016, Environment and Climate Change Canada received 2 privacy consultations from other government institutions and organizations. Both consultations were completed during the 2015–2016 reporting period.

Costs

In 2015–2016, the total cost of administering the Privacy Act was $203,770. This included $178,770 for salaries and $25,000 for goods and services.

Training activities

The ATIP Division provides daily advice to departmental officials on the processing of ATIP requests as well as the interpretation of the Acts to ensure the efficient and consistent processing of all requests received by the Department.

The ATIP Division further continued its formal training and development activities in the 2015–2016 reporting period. Fifteen (15) information and training sessions were held, attended by approximately 262 Environment and Climate Change Canada employees. The sessions included an overview of the Access to Information Act and Privacy Act as well as a description of internal procedures and associated deadlines for responding to requests. Information and training activities will continue throughout the 2016–2017 reporting period.

Policies, guidelines, procedures and reporting

Policy framework

Environment Canada’s access to information policy framework was approved in November 2012. 

During the 2015-2016 fiscal year, Environment and Climate Change Canada drafted departmental guidance on the collection, use and disclosure of the Social Insurance Number.  This guidance document will be finalized in early 2016-2017.

Reporting

The ATIP Division regularly monitors the timeliness and trends associated with the processing of requests through ongoing communication with Branch and Directorate liaison contacts. In addition, regular ATIP updates are provided to Environment and Climate Change Canada’s Executive Management Committee.

Publicly accessible information and inquiry points

Info Source is a series of publications containing information on the Government of Canada and on the government’s data collection activities. Info Source is intended to help the public access government information and to exercise their rights under the Privacy Act and Access to Information Act.

Each year, the ATIP Division prepares updates on Environment Canada’s activities and information holdings for publication in Info Source which is published on the Department’s website. In 2015-2016, Environment and Climate Change Canada completed a major revision of its Info Source chapter based on the Department’s updated Program Activity Architecture.

Environment Canada’s comprehensive website provides information on the Department’s policies, its organizational structure and the means to contact Department officials. In accordance with the federal government’s policy of proactive disclosure, the Department’s website also allows access to internal evaluations and audits, as well as information on hospitality expenses, contracts and grants.

Environment Canada’s website also has an Access to Information and Privacy webpage that provides background information on both the Access to Information Act and the Privacy Act. It also contains a Frequently Asked Questions section and links to access to information request forms, personal information request forms and summaries of completed access to information requests.

In order to facilitate public access to information and to comply with the Act, the Environment and Climate Change Canada Library has been designated a public reading room. The Library is located on the 1st floor of the Place Vincent Massey Annex, 351 St. Joseph Boulevard, Gatineau, Quebec.

Online request service

Since April 2014, Environment and Climate Change Canada has participated in the Treasury Board Secretariat Online Request Service Pilot Project. This initiative makes the process of requesting government records simpler and more convenient by enabling Canadians to submit their ATIP requests and application fees online.  Environment and Climate Change Canada received 67 Privacy requests online during the 2015–2016 reporting period. This represents a significant increase over the 2014-2015 fiscal year, as applicants have become more familiar with the online service.

Data sharing activities

The Department did not undertake any new internal or external data sharing activities in 2015–2016.

Exempt personal information banks

Environment and Climate Change Canada has no exempt Personal Information Banks.

Privacy impact assessments

To fulfill its mandate, some of Environment and Climate Change Canada’s responsibilities require the collection, use and disclosure of personal information. As a trusted custodian of this information, the Department uses Privacy Impact Assessments (PIAs), in accordance with Treasury Board policy, as a risk management tool. Although Environment and Climate Change Canada did not complete any Privacy Impact Assessments during the reporting period, the ATIP Division regularly provides advice to departmental employees on privacy matters.

Material privacy breaches

There was one material privacy breach during the 2015-2016 fiscal year. The privacy breach involved the e-mail misdirection of a letter containing personal information of an Environment and Climate Change Canada employee.

Complaints, audits, investigations and appeals

Applicants have the right to register a complaint with the Privacy Commissioner of Canada regarding any matter relating to the processing of a request. 

During the 2015–2016 reporting period, there were 10 complaints filed against Environment and Climate Change Canada with the Office of the Privacy Commissioner. Five (5) of the complaints related to extensions and five (5) related to processing delays. Seventy percent (70%) of the complaints originated from the same source.

Nine (9) complaints were closed during the reporting period. Table 1 provides a breakdown of the reasons and results of the complaints that were completed in 2015-2016

One complaint remains outstanding.

The department reviews the outcomes of all of the Privacy Commissioner investigations and where appropriate, incorporates lessons learned into business processes.

There were no recommendations raised by other Agents of Parliament during the reporting period.

Audits

In 2015-2016, Environment and Climate Change Canada’s Audit and Evaluation Branch completed a Review and Benchmarking of Privacy Management within the department. The results of the review and benchmarking confirmed that the department’s privacy practices were consistent with the other departments that participated in the benchmarking exercise.

The review of department’s privacy policies found that the required policies and processes for privacy management were in place within the department. The two areas identified for improvement were the approach to monitoring the implementation of Privacy Impact Assessments and reviewing ECCC's privacy policy framework to better define the requirements for collecting SINs.

As a result of the Audit, the ATIP Division has improved the monitoring of preliminary privacy impact assessment and privacy impact assessment activities within the department. In addition, Environment and Climate Change Canada has drafted departmental guidance on the collection, use and disclosure of the Social Insurance Number. This guidance document will be finalized and issued within the Department in early 2016-2017.

Applications/appeals to the Federal Court or Federal Court of Appeal

There were no applications or appeals to the Federal Court or Federal Court of Appeal under the Privacy Act during the 2015–2016 reporting period.

Appendix A: Statistical Report

Statistical Report on the Privacy Act

Name of institution: Environment and Climate Change Canada
Reporting period: 01/04/2015 to 31/03/2016

Part 1: Requests under the Privacy Act

Part 2: Requests closed during the reporting period

2.5 Complexity

2.6 Deemed refusals

Part 3: Disclosures under subsections 8(2) and 8(5)

Part 4: Requests for correction of personal information and notations

Part 5: Extensions

Part 6: Consultations received from other institutions and organizations

Part 7: Completion Time of Consultations on Cabinet Confidences

Part 8: Complaints and Investigations Notices Received

Part 9: Privacy Impact Assessments (PIAs)

Part 10: Resources Related to the Privacy Act

Note: Enter values to two decimal places.

Appendix B: Designation Order Instrument

Access to Information Act and Privacy Act Delegation Order

The Minister of the Environment, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Minister of the Environment as the head of Environment Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.

Dated, at the City of Gatineau, Quebec, this 17^th day of September 2013

(signed)

Leona Aglukkaq
Minister of the Environment