Administration of the Privacy Act – Annual Report to Parliament 2017-2018

From: Canadian Environmental Assessment Agency

Administration of the Privacy Act - Annual Report to Parliament 2017-2018

Catalogue no. En104-12/2E-PDF

Canadian Environmental Assessment Agency
Access to Information and Privacy Coordinator

Physical/mailing address:
160 Elgin St. 22nd Floor
Ottawa, ON K1A 0H3

Telephone: 613-948-1362
Email: atip-aiprp@ceaa-acee.gc.ca

Table of Contents

Introduction

The Privacy Act (the Act) gives Canadian citizens and people present in Canada the right to have access to information about them that is held by the federal government. It also protects against unauthorized disclosure of that personal information. In addition, it strictly controls how government will collect, use, store, disclose, and dispose of any personal information.

This report is submitted in accordance with Section 72 of the Act which 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 reporting period. It presents an overview of the Access to Information Act activities carried out within the Canadian Environmental Asessment Agency (the Agency) during the reporting period of April 1, 2017 to March 31, 2018.

Established in 1994, the Agency came into being to prepare for the implementation of the Canadian Environmental Assessment Act, which came into effect in early 1995. The Agency is a federal body accountable to the Minister of Environment and Climate Change. The Agency provides high-quality environmental assessments that contribute to informed decision making, in support of sustainable development. The Agency is the responsible authority for most federal Environmental Assessments. The current Canadian Environmental Assessment Act, 2012 (CEAA 2012) came into effect on July 6, 2012. CEAA 2012 and its accompanying regulations provide the legislative framework for environmental assessments.

Organizational Structure

The provision of Access to Information and Privacy (ATIP) services in the Agency is the general responsibility of the Director of the Information Services Division, which reports to the Vice-President and Chief Security Officer, Corporate Services, to fulfill its Access to Information Act responsabilities.

The Information Services Division includes Information Management, ATIP, and Information Technology. The ATIP function is the direct responsibility of the ATIP Coordinator and a team of three ATIP Officers.

The ATIP team administers the Act by:

  • Receiving Privacy requests under the Act, creating request files and tracking the processing of requests using AccessPro Case Management software;
  • Sending statutory notices to applicants, third parties, and the Privacy Commissioner;
  • Conducting necessary consultations;
  • Processing Privacy records for disclosure under the Act, in response to requests;
  • Responding to Privacy requests for correction of personal information held by the Agency;
  • Providing training and advice to Agency officials on interpretation and application of the legislation;
  • Negotiating the resolution of formal complaints;
  • Advising applicants, third parties and complainants of their rights and obligations under the legislation;
  • Managing and reporting on privacy breaches;
  • Annually updating and publicly reporting the Personal Information Banks under the Agency’s control;
  • Conducting/securing Privacy Impact Assessments in support of the Act and associated Regulations, Policies and Directives of Justice Canada and the Treasury Board of Canada Secretariat (TBS);
  • Responding to Parliamentary Questions related to the administration of the Act;
  • Compiling statistics; and
  • Preparing, submitting and posting the Agency’s annual report to Parliament on the administration of the Act.

Delegation Order

For the purposes of the Act, the Agency’s “head of the institution” as defined in section 3 of the Act is the President of the Agency.

The responsibilities associated with the administration of the Act are delegated to the senior executive officers reporting directly to the President (Vice-presidents and General Counsel), as well as the Access to Information and Privacy Coordinator by the President for the effective administration of the program. The decision-making responsibility for the application of the various provisions of the Act is formally established and outlined in the departmental Delegation of Authority Instrument which can be found under Appendix A.

Statistical Report – Interpretation and Analysis

The Statistical Report on Access to Information requests processed by the Agency from April 1, 2017 to March 31, 2018 is included in Appendix B of this report. The following sections provide an overview of key data on the Agency’s performance for the year with some explanations, interpretations and analysis of the Statistical Report for 2017-2018.

Privacy Act Requests Received

The Agency received 2 requests under the Privacy Act during the 2017-2018 reporting period. Figure 1 shown below is the disposition and completion time of both Privacy requests that were both received and closed during the reporting period. The Agency did not invoke any extensions (beyond the initial 30 days) for Privacy requests this reporting year. This is also reflected in Table 2.1 of the Statistical Report in Appendix B.

Figure 1

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

1

0

0

0

0

0

1

Disclosed in part

0

1

0

0

0

0

0

1

Total

0

2

0

0

0

0

0

2

Multi-year Trends

Figure 2 below demonstrates that the Agency has received a low number of Privacy requests over the past few reporting periods.

Figure 2
Trends

2014-2015

2015-2016

2016-2017

2017-2018

Number of Requests Received

2

0

0

2

Training and Awareness

Agency employees are provided with training and guidance to assist them in fulfilling their duties under the Privacy Act. The ATIP Team provides advice and support on an as-needed basis.

Training material developed in the 2017-2018 reporting period was utilized at the end of the current reporting period for all Agency employees to attend an overview of their ATIP-related roles and responsibilities between the ATIP Office and the Office of Primary Interest. The Agency held 5 training sessions in February 2018 and 105 employees participated in the sessions. Agency employees attended both in person at headquarters or via videoconference for regional office staff.

Employees have been directed to take the Privacy-related training offered by the Canada School of Public Service. Training and reference materials are also made available to employees on the Agency’s Intranet site.

Policies, Guidelines and Procedures

There were no policies, guidelines or procedures implemented during this reporting period.

Complaints, Audits and Investigations

There were no complaints filed with the Office of the Privacy Commissioner of Canada during the reporting period. As well, there were no investigations and no appeals have been filed with the Federal Court of Appeal.

Monitoring and Reporting

The Agency continues to ensure compliance with the Privacy Act through effective reporting and monitoring mechanisms. Weekly ATIP reports are prepared for the Vice-President and Chief Security Officer, Corporate Services, and shared with members of the Executive Management Committee. These reports include detailed status of individual requests, compliance statistics, and any complaint investigations.

Special reports are also submitted to provide justifications for any time extensions or sensitive requests.

Privacy Breaches

No material privacy breaches occurred during the 2017-2018 reporting period.

Privacy Impact Assessments

No Privacy Impact Assessments were completed during the 2017-2018 reporting period.

Disclosures under Paragraphs 8(2)(e), (f), (g), and (m) of the Privacy Act

There were no disclosures pursuant to paragraphs 8(2)(e), (f), (g), and (m) of the Privacy Act during the 2017-2018 reporting period.

Data Matching and Sharing Activities

There was no data matching or sharing activities undertaken during this reporting period.

Appendix A: Designation Order

Designation order

(Privacy Act)

As head of the Canadian Environmental Assessment Agency for purposes of the Privacy Act, I hereby designate, under section 73 of that Act, the officers and employees of the Canadian Environmental Assessment Agency, who hold the positions set out in the attached Annex, to exercise or perform all of the powers, duties or functions that are conferred upon me by the provisions of the Privacy Act specified in the aforementioned Annex.

Original signed July 23, 2017 by Ron Hallman, President, Canadian Environmental Assessment Agency.

Annex to Designation Order (Privacy Act) Dated – July 2014

The Access to Information and Privacy Coordinator and the Senior Executive Officers reporting directly to the President of the Canadian Environmental Assessment Agency are designated to exercise or perform all powers, duties or functions of the President as the head of the Canadian Environmental Assessment Agency under the provisions of the Privacy Act listed below. This designation replaces all previous delegation orders.

8(2)(e)

Disclose personal information for law enforcement or investigation

8(2)(m)

Disclose personal information in the public interest or in the interest of the individual

8(4)

Retain copy of 8(2)(e) requests and disclosed records

8(5)

Notify Privacy Commissioner of 8(2)(m) disclosures

9(1)

Retain record of use

9(4)

Notify Privacy Commissioner of consistent use and amend index

10(1)

Include personal information in personal information banks

14(a)

Provide notice when access is requested

14(b)

Provide access to the information or part thereof

15

Extend time limit

17(2)(b)

Cause translation or interpretation to be made

18(2)

Apply exemption - Personal information contained in an exempt bank

19(1)

Apply exemption - Personal information obtained in confidence from other governments

19(2)

Apply exemption - Personal information if the other government, organization or institution consents to the disclosure or makes the information public

20

Apply exemption - Personal information injurious to the conduct of federal-provincial affairs

21

Apply exemption - Personal information injurious to international affairs or defense

22(1)

Apply exemption - Personal information injurious to law enforcement or investigation

22(2)

Apply exemption - Personal information obtained or prepared by the RCMP while performing policing services for a province or municipality

22 (3)

Apply exemption - Personal information requested under subsection 12(1) that was created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.

23

Apply exemption - Personal information prepared by an investigative body for security clearances

24

Apply exemption - Personal information collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board while individual was under sentence

25

Apply exemption - Personal information which could threaten the safety of individuals

26

Apply exemption - Personal information about another individual

27

Apply exemption - Personal information subject to solicitor-client privilege

28

Apply exemption - Personal information relating to the individual’s physical or mental health

31

Receive notice of intention of investigation by the Privacy Commissioner

33(2)

Make representations to the Privacy Commissioner in the course of an investigation

35

Give notice to the Information Commissioner of action taken/to be taken to implement recommendations and provide access to complainant after 35(1)(b) notice

36(3)

Receive Privacy Commissioner’s report of findings of investigation of exempt bank

37(3)

Receive report of Privacy Commissioner’s findings after compliance investigation

51(2)(b)

Request that hearing be held in the National Capital Region

51(3)

Request and be given opportunity to make representations in section 51 hearings

70(1)

Exclusion - Confidences of the Queen’s Privy Council for Canada

72(1)

Prepare annual report to Parliament

77

Fulfill any responsibilities that are conferred upon the head of the institution by the regulations made under section 77 and are not included above

Appendix B: Statistical Report on the Privacy Act

Name of institution: Canadian Environmental Assessment Agency

Reporting period: 2017-04-01 to 2018-03-31

Part 1: Requests Under the Privacy Act

Workload Number of Requests
Received during reporting period 2
Outstanding from previous reporting period 0
Total 2
Closed during reporting period 2
Carried over to next reporting period 0

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time

Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 0 1 0 0 0 0 0 1
Disclosed in part 0 1 0 0 0 0 0 1
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 0 2 0 0 0 0 0 2

2.2 Exemptions

Section Number of Requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 0
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 1
27 0
28 0

2.3 Exclusions

Section Number of Requests
69(1)(a) 0
69(1)(b) 0
69.1 0
70(1) 0
70(1)(a) 0
70(1)(b) 0
70(1)(c) 0
70(1)(d) 0
70(1)(e) 0
70(1)(f) 0
70.1 0

2.4 Format of information released

Disposition Paper Electronic Other formats
All disclosed 1 0 0
Disclosed in part 0 1 0
Total 1 1 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 23 23 1
Disclosed in part 127 111 1
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
Total 150 134 2
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 1 23 0 0 0 0 0 0 0 0
Disclosed in part 0 0 1 111 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 1 23 1 111 0 0 0 0 0 0
2.5.3 Other complexities
Disposition Consultation Required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 0 0 0 0 0

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
0 0 0 0 0
2.6.2 Number of days past deadline
Number of Days Past Deadline Number of Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline Where An Extension Was Taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0

2.7 Requests for translation

Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Part 3: Disclosures Under Subsections 8(2) and 8(5)

Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
0 0 0 0

Part 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

Part 5: Extensions

5.1 Reasons for extensions and disposition of requests

Disposition of Requests Where an Extension Was Taken 15(a)(i)
Interference With Operations
15(a)(ii)
Consultation
15(b)
Translation or Conversion
Section 70 Other
All disclosed 0 0 0 0
Disclosed in part 0 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 0 0 0 0

5.2 Length of extensions

Length of Extensions 15(a)(i)
Interference with operations
15(a)(ii)
Consultation
15(b)
Translation purposes
Section 70 Other
1 to 15 days 0 0 0 0
16 to 30 days 0 0 0 0
Total 0 0 0 0

Part 6: Consultations Received From Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations

Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during the reporting period 0 0 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 0 0 0 0
Closed during the reporting period 0 0 0 0
Pending at the end of the reporting period 0 0 0 0

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions

Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

6.3 Recommendations and completion time for consultations received from other organizations

Recommendation Number of days required to complete consultation requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Part 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000
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

Part 8: Complaints and Investigations Notices Received

Section 31 Section 33 Section 35 Court action Total
0 0 0 0 0

Part 9: Privacy Impact Assessments (PIAs)

Number of PIA(s) completed 0

Part 10: Resources Related to the Privacy Act

10.1 Costs

Expenditures Amount
Salaries $8,159
Overtime $0

Goods and Services

  • Professional services contracts = $0
  • Other = $0
$0
Total $8,159

10.2 Human Resources

Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.02
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.02

Note: Enter values to two decimal places.

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