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 2016–2017 reporting period, there were 6 complaints filed against Environment and Climate Change Canada with the Office of the Privacy Commissioner. Five (5) of the complaints related to processing delays and one (1) related to exemptions applied.

Two (2) complaints were closed during the reporting period. Table 1 provides a breakdown of the reasons and results of the complaints that were completed in 2016-2017.

Table 1
 Reason for Complaint Number of Decisions Results of Investigations Well founded, resolved without recommendations Results of Investigations
Well founded, with recommendations – resolved
Results of Investigations
Well founded, with recommendations – not resolved
Results of Investigations
Not well founded
Results of Investigations
Discontinued
Results of Investigations
Settled
Delay 2 0 0 0 2 0 0
Extensions 0 0 0 0 0 0 0
Total 2 0 0 0 2 0 0

Five (5) complaints remain 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.

Early in fiscal year 2016-2017, the ATIP Division conducted further internal and external consultations relative to the collection, use and disclosure of Social Insurance Numbers. The ATIP Division further ensured that any new processes related to the implementation of the Phoenix and MyGCHR applications were reflected in the guidance material. Environment and Climate Change Canada Guidance on the Collection, Use and Disclosure of SIN was approved in late 2016 and is now available to all employees.

Application/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 2016–2017 reporting period.

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