Annual Report on the Privacy Act 2022–23

1. Introduction

The Annual Report on the Privacy Act (Act), 2022–23 is prepared and tabled in Parliament in accordance with section 72 of the Act. The report describes how the Office of the Intelligence Commissioner (ICO) administered and fulfilled its obligations under the Act between April 1, 2022 and March 31, 2023.

The Privacy Act

The Act protects the privacy of individuals with respect to their personal information held by a government institution. It establishes the rules for the collection, use, disclosure, retention and disposal of such information. It also provides individuals with a right to be given access to, and to request a correction of, their personal information.

The ICO is committed to protecting the privacy of individuals with respect to personal information that is under its control. The ICO recognizes that this protection is an essential element in maintaining public trust.

Individuals who are not satisfied with how an institution handled of their personal information or any matter related to a formal request made under the Act are entitled to submit a complain to the Office of the Privacy Commissioner of Canada.

ICO Mandate

The ICO is an independent oversight body. The mandate of the Intelligence Commissioner (IC) is set out in the Intelligence Commissioner Act. The IC’s role is to approve, or not, certain national security and intelligence activities that the Communications Security Establishment (CSE) or the Canadian Security Intelligence Service (CSIS) wish to conduct. These activities may breach Canadian law or infringe on privacy interests of Canadians or persons in Canada. To conduct these activities, CSE and CSIS must first obtain the written authorization of their respective minister or, in selected cases, of the Director of CSIS. The IC then reviews the respective minister’s or Director’s authorization to determine whether the conclusions it contains are reasonable. Only with approval from the IC can the activities take place. The Honourable Simon Noël was appointed on October 1, 2022, succeeding the Honourable Jean-Pierre Plouffe.

The ICO is committed to the principles of accountability and transparency, which are vital to ensuring trust and confidence in Government of Canada institutions that carry out national security or intelligence activities. To that end, in March of each year, the IC submits to the Prime Minister an annual report outlining the activities of the previous calendar year. Once tabled in Parliament, the ICO publishes the annual report on its website. Also, in 2022, the ICO began proactively publishing the IC’s decisions on its website.

2. Organizational Structure

The ICO is a separate agency consisting of 10.5 planned full-time equivalents.

The Executive Director has delegated authority to oversee the administration of the Act and the Access to Information Act within the ICO and ensure compliance with the legislation. The ICO does not have a dedicated Access to Information and Privacy (ATIP) office. The Senior Review Officer and the Manager, Corporate Services are responsible for the coordination and implementation of policies, guidelines and procedures to ensure departmental compliance with the Acts.

During fiscal year 2022–23, the ICO was not party to any service agreements under section 73.1 of the Act.

3. Delegation Order

Section 73(1) of the Act gives the IC the authority to delegate all, or part, of the IC’s powers, duties, and functions under the Act to one or more officers or employees of the ICO.

The delegation order for the Act that was in effect at the end of the reporting period was signed on October 31, 2019. The IC as head of the ICO under the provisions of the Act and its regulations granted full authority to the Executive Director. The signed Delegation Order is included in Appendix A – Access to Information Act and Privacy Act Delegation Order.

4. Performance 2022–23

During the reporting period, the ICO received two privacy requests and both were completed within 30 days of receipt. This is an increase from previous years as these were the first requests received by the ICO since it was created in July 2019.

The ICO did not receive any complaints under the Act.

2.3 Completion time of informal requests

Type Requests # of Requests Received # of Requests Completed Disposition # of Pages Released Completion Time (days) % of requests responded within their legislated timeframe
Privacy 2 2 No Records exist Nil 30 days or less 100%
Consultations 0 Nil Nil Nil Nil Nil

The ICO Statistical Report as well as the Supplemental Report for 2022–23 are included in Appendices B and C of this report.

Impact of Covid-19 measures:

During the reporting period, the ICO operations were not affected by COVID-19 measures.

5. Training and Awareness

The ICO is committed to promoting awareness and providing ongoing training opportunities to all employees. Training is based on the needs and knowledge base of each employee.

This fiscal year, the Executive Director and Internal Services personnel participated in awareness sessions concerning their responsibilities related to access to information and privacy. Additionally, the Senior Review Officer completed courses on Access to Information and Privacy in the Government of Canada offered by the Canada School of Public Service.

6. Policies, Guidelines, and Procedures

As an institution created in 2019, the ICO continued the establishment of institutional policies and procedures in the application of the Act. During the reporting period, the ICO established an internal process for receiving requests using the Government of Canada ATIP Online Request Service (ATIP Online). The ICO also established a procedure for processing requests. Furthermore, improvements were made to the ICO tracking system to ensure better case management and documentation.

7. Initiatives and Projects to Improve Privacy

In December 2022, the ICO was onboarded into the Government of Canada ATIP Online platform and is now set up to receive requests online directly from a requestor. ATIP Online is a centralized website developed by Treasury Board of Canada Secretariat (TBS) that enables users to complete privacy requests and submit them to any of the institutions that are subject to the Act.

8. Summary of Key Issues and Actions Taken on Complaints

During the reporting period, no complaints were received nor concluded.

9. Material Privacy Breaches

There were no material privacy breaches reported to the Office of the Privacy Commissioner and to TBS (Information and Privacy Policy Division) during the reporting period.

10. Privacy Impact Assessments

During the reporting period, no privacy impact assessments were completed.

11. Public Interest Disclosures

During the reporting period, no disclosures were made under paragraph 8(2)(m) of the Act.

12. Monitoring Compliance

The ICO utilizes a manual monitoring system. The monitoring system keeps track of upcoming deadlines for requests and consultations and provides reminders of approaching deadlines.

Privacy requests are monitored by the Senior Review Officer as well as the Manager, Corporate Services on an ongoing basis. The Senior Review Officer also monitors the time taken to process requests. The Executive Director is informed of the status of requests on a regular basis.

The Senior Review Officer will convey compliance issues to the Executive Director when required.

Appendix A – Access to Information Act and Privacy Act Delegation Order

Access to Information Act and Privacy Act Delegation Order

The Intelligence Commissioner, pursuant to subsection 95(1) of the Access to Information Act and section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedules (I, II and III) hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Intelligence Commissioner as the head of Office of the Intelligence Commissioner, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders

Schedule I

Position Access to Information Act and Regulations Privacy Act and Regulations
Executive Director Full authority for all provisions Full authority for all provisions

Dated, at the City of Ottawa, this 31 day of October, 2019

The Honourable Jean-Pierre Plouffe
Intelligence Commissioner

Appendix B – Statistical Report on the Privacy Act

Name of Institution: Office of the Intelligence Commissioner

Reporting period: 2022-04-01 to 2023-03-31

Section 1: Requests under the Privacy Act

1.1 Number of requests received

Number of requests
Received during reporting period 2
Outstanding from previous reporting periods 0
Outstanding from previous reporting period 0
Outstanding from more than one reporting period 0
Total 2
Closed during reporting period 2
Carried over to next reporting period 0
Carried over within legislated timeline 0
Carried over beyond legislated timeline 0

1.2 Channels of requests

Channel Number of requests
Online 2
Email 0
Mail 0
In person 0
Phone 0
Fax 0
Total 2

Section 2: Informal requests

2.1 Number of informal requests

Number of requests
Received during reporting period 0
Outstanding from previous reporting periods 0
Outstanding from previous reporting period 0
Outstanding from more than one reporting period 0
Total 0
Closed during reporting period 0
Carried over to next reporting period 0

2.2 Channels of informal requests

Channel Number of requests
Online 0
Email 0
Mail 0
In person 0
Phone 0
Fax 0
Total 0

2.3 Completion time of informal requests

Completion time
1 day 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
0 0 0 0 0 0 0 0

2.4 Pages released informally

Less than 100 pages released 101 to 500 pages released 501 to 1,000 pages released 1,000 to 5,000 pages released More than 5,000 pages released
Number of requests Pages released Number of requests Pages released Number of requests Pages released Number of requests Pages released Number of requests Pages released
0 0 0 0 0 0 0 0 0 0

Section 3: Requests closed during the reporting period

3.1 Disposition and completion time

Disposition of request Completion time
1 day 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
No records exist 0 2 0 0 0 0 0 2
Request transferred 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
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 0 2 0 0 0 0 0 2

3.2 Exceptions

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 0
27 0
28 0

3.3 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

3.4 Format of information released

Paper Electronic record Electronic data set Video Audio
0 0 0 0 0

3.5 Complexity

3.5.1 Relevant pages processed and disclosed for paper and electronic record formats

Number of pages processed Number of pages disclosed Number of requests
0 0 0

3.5.2 Relevant pages processed per request disposition for paper and electronic record formats by size of request

Disposition Less than 100 pages released 101 to 500 pages released 501 to 1,000 pages released 1,000 to 5,000 pages released More than 5,000 pages released
Number of requests Pages released Number of requests Pages released Number of requests Pages released Number of requests Pages released Number of requests Pages released
All disclosed 0 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 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
No records exist 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
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0 0 0
All disclosed 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

3.5.3 Relevant minutes processed and disclosed for audio formats

Number of minutes processed Number of minutes disclosed Number of requests
0 0 0

3.5.4 Relevant minutes processed per request disposition for audio formats by size of requests

Disposition Less than 60 minutes processed 60 to 120 minutes processed More than 120 minutes processed
Number of requests Minutes processed Number of requests Minutes processed Number of requests Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 0 0 0 0 0 0

3.5.5 Relevant minutes processed and disclosed for video formats

Number of minutes processed Number of minutes disclosed Number of requests
0 0 0

3.5.6 Relevant minutes processed per request disposition for video formats by size of requests

Disposition Less than 60 minutes processed 60 to 120 minutes processed More than 120 minutes processed
Number of requests Minutes processed Number of requests Minutes processed Number of requests Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 0 0 0 0 0 0

3.5.7 Other complexities

Disposition Consultation required Legal advice sought Other Total
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
Request abandoned 0 0 0 0
Neither confirmed nor denied 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0
Total 0 0 0 0

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines

Requests closed within legislated timelines
Number of requests closed within legislated timelines 2
Percentage of requests closed within legislated timelines 100

3.7 Deemed refusals

3.7.1 Reasons for not meeting legislated timelines

Number of requests
closed past
the legislated timelines
Principal reason
Interference with operations or workload External consultation Internal consultation Other
0 0 0 0 0

3.7.2 Request closed beyond legislated timelines (including any extensions taken)

Number of days past legislated timelines Number of requests past legislated timeline where no extension was taken Number of requests past legislated timeline where an extension was taken Total
1 day 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

3.8 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 4: Disclosures under subsections 8(2) and 8(5)M

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

Section 5: Requests for correction of personal information and notations

Disposition of correction requests received Number
Notations attached 0
Requests for correction accepted 0
Total 0

Section 6: Extensions

6.1 Reason for 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
0 0 0 0 0 0 0 0 0

6.2 Length of extensions

Length of extensions 15(a)(i) interference with operations 15 (a)(ii) consultation 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 Cabinet confidence section (section 70) External Internal
1 to 15 days 0 0 0 0 0 0
16 to 30 days 0 0 0 0 0 0
31 days or greater 0 0 0 0 0 0
Total 0 0 0 0 0 0

Section 7: Consultations received from other institutions and organizations

7.1 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 1 4 0 0
Closed during the reporting period 1 4 0 0
Carried over within negotiated timelines 0 0 0 0
Carried over beyond negotiated timelines 0 0 0 0

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

Recommendations Number of days required to complete consultation requests
1 day 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
Disclosed entirely 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 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

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

Recommendations Number of days required to complete consultation requests
1 day 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
Disclosed entirely 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 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

Section 8: Completion time of consultations on Cabinet confidences

8.1 Requests with legal services

Number of days Fewer than 100
pages processed
101 to 500
pages processed
501 to 1,000
pages processed
1,001 to 5,000
pages processed
More than 5,000
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

8.2 Requests with the Privy Council Office

Number of days Fewer than 100
pages processed
101 to 500
pages processed
501 to 1,000
pages processed
1,001 to 5,000
pages processed
More than 5,000
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 9: Investigations and reports of finding

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

Section 10: Privacy impact assessments (PIA) and personal information banks (PIBs)

10.1 Privacy impact assessments

Number of PIAs completed 0 Number of PIAs modified 0

10.2 Institution-specific and central personal information banks

Personal information banks Active Created Terminated Modified
Institution-specific 0 0 0
Central 0 0 0
Total 0 0 0

Section 11: Privacy breaches

11.1 Material privacy breaches reported

Number of material privacy breaches reported to the Treasury Board of Canada Secretariat 0 Number of material privacy breaches reported to the Office of the Privacy Commissioner of Canada 0

11.2 Non-material privacy breaches

Number of non-material privacy breaches 0

Section 12: Resources related to the Privacy Act

12.1 Allocated costs

Expenditures Amount
Salaries $3,442.00
Overtime 0
Goods and services 0
Professional services contracts 0
Other 0
Total $3,442.00

11.2 Human resources

Resources Person years dedicated to privacy activities
0 0.030
Full-time employees 0
Part-time and casual employees 0
Regional staff 0
Consultants and agency personnel 0
Students 0
Total 0.030

Appendix C – Supplemental Statistical Report on the Access to Information Act and Privacy Act

Name of Institution: Office of the Intelligence Commissioner

Reporting period: 2022-04-01 to 2023-03-31

Section 1: Capacity to receive requests under the Access to Information Act and the Privacy Act

1.1 Enter the number of weeks your institution was able to receive ATIP requests through different channels.

Number of weeks
Able to receive requests by mail 52
Able to receive requests by email 52
Able to receive requests through the digital request service 15

Section 2: Capacity to process records under the Access to Information Act and the Privacy Act

2.1 Enter the number of weeks your institution was able to process paper records in different classification levels.

No capacity Partial capacity Full capacity Total
Unclassified paper records 0 52 52
Protected B paper records 0 52 52
Secret and Top Secret paper records 0 52 52

2.2 Enter the number of weeks your institution was able to process electronic records in different classification levels.

No capacity Partial capacity Full capacity Total
Unclassified paper records 0 52 52
Protected B paper records 0 52 52
Secret and Top Secret paper records 0 52 52

Section 3: Open requests and complaints under the Access to Information Act

3.1 Enter the number of open requests that are outstanding from previous reporting periods.

0 0 0 0
Received in 2022–23 0 0 0
Received in 2021–22 0 0 0
Received in 2020–21 0 0 0
Received in 2019–20 0 0 0
Received in 2018–19 0 0 0
Received in 2017–18 0 0 0
Received in 2016–17 0 0 0
Received in 2015–16 0 0 0
Received in 2014–15 0 0 0
Received in 2013–14 or earlier 0 0 0
Total 0 0 0

3.2 Enter the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods.

Fiscal year open complaints were received by institution Number of open complaints
Received in 2022–23 0
Received in 2021–22 0
Received in 2020–21 0
Received in 2019–20 0
Received in 2018–19 0
Received in 2017–18 0
Received in 2016–17 0
Received in 2015–16 0
Received in 2014–15 0
Received in 2013–14 or earlier 0
Total 0

Section 4: Open requests and complaints under the Privacy Act

4.1 Enter the number of open requests that are outstanding from previous reporting periods.

Fiscal year open request was received Open request within legislated timeline as of March 31, 2023 Open request beyond legislated timeline as of March 31, 2023 Total
Received in 2022–23 0 0 0
Received in 2021–22 0 0 0
Received in 2020–21 0 0 0
Received in 2019–20 0 0 0
Received in 2018–19 0 0 0
Received in 2017–18 0 0 0
Received in 2016–17 0 0 0
Received in 2015–16 0 0 0
Received in 2014–15 0 0 0
Received in 2013–14 or earlier 0 0 0
Total 0 0 0

4.2 Enter the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods.

Fiscal year open complaints were received by institution Number of open complaints
Received in 2022–23 0
Received in 2021–22 0
Received in 2020–21 0
Received in 2019–20 0
Received in 2018–19 0
Received in 2017–18 0
Received in 2016–17 0
Received in 2015–16 0
Received in 2014–15 0
Received in 2013–14 or earlier 0
Total 0

Section 5: Social insurance number

Did your institution receive authority for a new collection or new consistent use of the social insurance number in 2022–23? No

Section 6: Universal access under the Privacy Act

How many requests were received from confirmed foreign nationals outside of Canada in 2022–23? No

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