Privacy Act Annual Report 2010-11 RCMP External Review Committee

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The Privacy Act protects the privacy of all Canadian citizens and permanent residents regarding personal information held by a government institution. It also gives individuals, including those in Canada who are not permanent residents or citizens, the right to access their own personal information.

Section 72 of the Privacy Act requires that the head of every government institution submit an annual report to Parliament on the administration of the Act during the financial year. This report describes how the RCMP External Review Committee administered the Privacy Act throughout fiscal year 2010-11.

The Royal Canadian Mounted Police External Review Committee (ERC) was created by Part II of the Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, as amended, as an independent and impartial body to review appeals of formal discipline, appeals of discharge or demotion, and certain types of grievances involving regular and civilian members of the RCMP. The ERC independently reviews cases referred to it and submits recommendations to the Commissioner of the RCMP.

Because of the small size of the ERC (less than 10 FTE's) and of the small number of requests, all access to information-related functions are performed by the Executive Director and the Manager, Administrative Services. The ERC processes requests as follows:

• the requested information is identified and localized;
• the requests are examined to see if they should be transferred to another government institution with a 'greater interest';
• possible exemptions are considered;
• a copy of the non-exempt information is prepared and forwarded to the requester with a transmittal letter; and,
• the requests and all related documentation are filed in the ERC's ATIP registry.

All personal information is compartmentalized, and access is controlled, to ensure it will only be used for the purpose for which it was collected. Disclosure is limited to two categories: as prescribed in the RCMP Act, or as required for recognized internal administrative purposes.

The ERC relies on existing Treasury Board guidelines.

The Minister of Public Safety, pursuant to section 73 of the Privacy Act, designates the Chair, the Vice-Chair and the Executive Director and Senior Counsel of the ERC to exercise the powers and perform the duties of the Minister as the head of a government institution, that is, the Royal Canadian Mounted Police External Review Committee, under the sections of the Act. The responsibilities associated with the administration of the Privacy Act include notifying applicants of extensions and releasing records to applicants (see Annex A, Delegation Order).

Throughout fiscal year 2010-11, the ERC received 21 requests under the Privacy Act.

Annex B provides a summarized statistical report on Privacy Act requests processed by the ERC between April 1, 2010 and March 31, 2011.

The ERC transferred 18 requests to the Royal Canadian Mounted Police; it was determined that that organization would likely have any existing records. The applicants were advised accordingly. Two requests were transferred to the Commission for Public Complaints Against the RCMP as it was determined that that organization would likely have any existing records. The applicants were advised accordingly.

As the ERC receives a very small number of ATIP requests and the majority are referrals outside the agency to larger agencies, no formal ATIP training has been provided in this reporting period. However, some legal staff at the ERC have received legal training in ATIP matters. The requests that are challenging require legal analysis.

All information about the ATIP program is routinely circulated to all staff of the ERC. Also, the ERC regularly disseminates information through its quarterly newsletter Communiqué, its annual report and communications activities concerning its operations.

The ERC did not implement any new or revised privacy related policies, guidelines or procedures during the reporting period.

The ERC did not receive any complaints and was not investigated during the reporting period.

There were no applications/appeals to the Courts for fiscal year 2010-11.

There were no PIA's or Preliminary PIA's undertaken by the ERC during the reporting period.

Subsection 8(2) of the Privacy Act provides limited and specific circumstances under which institutions may disclose personal information without an individual's consent. During the reporting period, the ERC did not disclose personal information pursuant to paragraphs 8(2)(m) of the Privacy Act.

The Minister of Public Safety Canada, 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 Royal Canadian Mounted Police External Review Committee, under the sections of the Act set out in the schedule opposite each position.

* R.S.C., 1985, c. A-1

Summarized Statistical Report April 1, 2010 - March 31, 2011

Treasury Board Secretariat is monitoring compliance with the Privacy Impact Assessment (PIA) Policy (which came into effect on May 2, 2002) through a variety of means. Institutions are therefore required to report the following information for the reporting period.

• Preliminary Privacy Impact Assessments initiated: 0
• Preliminary Privacy Impact Assessments completed: 0
• Privacy Impact Assessments initiated: 0
• Privacy Impact Assessments completed: 0
• Privacy Impact Assessments forwarded to the Office of the Privacy Commissioner (OPC): 0

If your institution did not undertake any of the activities noted above during the reporting period, this must be stated explicitly.

Discrepancies
Nil