Annual Report to Parliament 2018-2019 - Privacy Act
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Introduction
The Privacy Act (PA) was proclaimed on July 1, 1983.
The PA extends to individuals the right of access to information about themselves. This law also protects an individual's privacy by preventing others from having access to personal information, and gives individuals substantial control over its collection and use.
This annual report on the administration of the PA describes how the Department for Women and Gender Equality (WAGE), formerly Status of Women Canada (SWC), fulfilled its responsibilities during the fiscal year beginning April 1, 2018, and ending March 31, 2019.
The Minister for Women and Gender Equality and Rural Economic Development, as head of the Department for Women and Gender Equality is required to prepare an annual report on the administration of the Act. This report is prepared and tabled in Parliament in accordance with section 72 of the Privacy Act.
Part I: General information
Department for Women and Gender Equality (formerly Status of Women Canada)
The mandate of the Department for Women and Gender Equality (WAGE), formerly Status of Women Canada (SWC), is to advance equality with respect to sex, sexual orientation, and gender identity or expression through the inclusion of people of all genders, including women, in Canada's economic, social, and political life. This application of a gender and diversity lens will help us to understand better the intersection of sex and gender with other identity factors. These factors include – but are not limited to – race, national and ethnic origin, Indigenous origin or identity, age, sexual orientation, socio-economic condition, place of residence and disability.
The vision of WAGE is a Canada where people of all genders, including women, are equal in every way and can achieve their full potential.
WAGE works to advance gender equality through an intersectional gendered lens. Working in partnership with key stakeholders, including civil society organizations, labour groups, the private sector, other orders of government, and First Nations, Inuit and Métis peoples, WAGE actively promotes the inclusion of all people in Canada's economic, social, and political life. WAGE works to uphold its mandate to advance gender equality by performing a central coordination function within the Government of Canada by developing and implementing policies, providing grants and contributions, delivering programs, investing in research, and providing advice to achieve equality for people of all genders, including women.
The Access to Information and Privacy (ATIP) office reports to the Director General, Communications and Public Affairs Directorate. The ATIP office coordinates all activities related to the Privacy Act within the Department both at headquarters and in the regions.
Privacy activities
The ATIP Coordinator for the Department for Women and Gender Equality (WAGE) acts on behalf of the Minister for Women and Gender Equality and Rural Economic Development and as the Head of the Department for Women and Gender Equality to ensure that the Department's responsibilities under the Access to Information Act and the Privacy Act are met. The ATIP Coordinator reports directly to the Director General, Communications and Public Affairs Directorate.
The main activities of the Department's ATIP Office consist of:
- receiving and processing access requests under the Access to Information Act and the Privacy Act; creating request files and tracking the processing of requests using AccessPro Case Management software
- assessing required processing time and communicating with applicants regarding those assessments
- coordinating retrieval of records for response to Access requests
- sending statutory notices to applicants, third parties, and the Information Commissioner
- conducting necessary consultations
- advising applicants and third parties of their rights and obligations under the legislation
- negotiating with third parties to secure all the disclosure due under the Act
- processing records for disclosure in response to applicants' requests, using AccessPro Redaction software
- developing policies, procedures and guidelines in support of Access to Information and Privacy legislation and central agencies' requirements
- promoting awareness of both acts to ensure employees understand their roles and responsibilities
- monitoring compliance with both Acts and central agencies' requirements
- preparing annual reports to Parliament
- coordinating Privacy Impact Assessments (PIAs)
- coordinating the resolution of any complaints against the Department which have been submitted to the Information Commissioner under the Access to Information Act and to the Privacy Commissioner under the Privacy Act
- providing centralized management of privacy breaches
- providing the Department's staff with advice and guidance on ATIP issues
- providing support and recommendations to the Head and the Executive Committee
- supporting the Department meeting its commitments to openness and transparency through proactive disclosure of information and the release of information via informal avenues
Processing of access to information and privacy requests is centralized within the ATIP Office in Gatineau, Quebec. In 2018-2019, the Department's ATIP Office employed a total of two (2) full-time equivalents (FTEs).
Implementation of privacy activities and administrative issues
Delegation order
Head of the Status of Women Canada, currently the Deputy Minister of Women and Gender Equality, has full authority, while the ATIP Coordinator has partial authority delegated by the Minister of Status of Women, currently Minister for Women and Gender Equality and Rural Economic Development for administration and decision-making responsibilities under the two Acts. Appendix A provides a more detailed description of the delegation of authority.
Salary and administrative expenditures
The Access to Information and Privacy Office has been operating with two (2) full-time employees dedicated to the administration of both the Access to Information Act and the Privacy Act and related functions.
The Department's allocation for the central coordination of the Privacy Act amounts to $5,620.00 in salary expenditures.
Reading room
A reading room is available at the Department's headquarters, as needed. Should a reading room be needed elsewhere, the Department's regional offices in certain regions across Canada are available upon request.
Data collection
The responsibility for the coordination of new data collection by the Department is assigned to the ATIP Coordinator. This ensures both compliance with the Access to Information Act and the Privacy Act and the creation of new Personal Information Banks or Program Records, as necessary.
Appendix A
Delegation order
The responsibilities associated with the administration of the Privacy Act are delegated to departmental officials through a delegation order signed by the Minister of Status of Women, currently Minister for Women and Gender Equality.
Minister for Women and Gender Equality
Section of the Act | Powers, Duties and Functions | Head, Minister for Women and Gender Equality | ATIP Coordinator |
---|---|---|---|
8(2)(j) | Disclose personal information for research purposes | X | X |
8(2)(m) | Disclose personal information in the public interest or in the interest of the individual | X | |
8(4) | Retain copy of 8(2)(e) requests and disclosed records | X | X |
8(5) | Notify Privacy Commissioner of 8(2)(m) disclosures | X | X |
9(1) | Retain record of use | X | X |
9(4) | Notify Privacy Commissioner of consistent use and amend index | X | X |
10 | Include personal information in personal information banks | X | X |
14 | Respond to request for access within 30 days; give access or give notice | X | X |
15 | Extend time limit for responding to request for access | X | X |
17(2)(b) | Decide whether to translate requested information | X | X |
18(2) | May refuse to disclose information contained in an exempt bank | X | X |
19(1) | Shall refuse to disclose information obtained in confidence from another government | X | X |
19(2) | May disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information public | X | X |
20 | May refuse to disclose information injurious to the conduct of federal-provincial affairs | X | X |
21 | May refuse to disclose information injurious to international affairs or defence | X | X |
22 | May refuse to disclose information prepared by an investigative body information injurious to the enforcement of a law, or information injurious to the security of penal institutions | X | |
23 | May refuse to disclose information prepared by an investigative body for security clearances | X | |
24 | May refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board while individual was under sentence if conditions in section are met | X | |
25 | May refuse to disclose information which could threaten the safety of individuals | X | |
26 | May refuse to disclose information about another individual, and refuse to disclose such information where disclosure is prohibited under Section 8 | X | |
27 | May refuse to disclose information subject to solicitor-client privilege | X | |
28 | May refuse to disclose information relating to the individual’s physical or mental health where disclosure is contrary to the best interests of the individual | X | X |
31 | Receive notice of investigation by the Privacy Commissioner | X | X |
33(2) | Right to make representations to the Privacy Commissioner during investigation | X | |
35(1) | Receive Privacy Commissioner’s report of findings of the investigation and give notice of action taken | X | |
35(4) | Give complainant access to information after 35(1)(b) notice | X | X |
36(3) | Receive Privacy Commissioner’s report of findings of investigation of exempt bank | X | X |
37(3) | Receive report of Privacy Commissioner’s findings after compliance investigation | X | X |
51(2)(b) | Request that Section 51 hearing be held in the National Capital Region | X | |
51(3) | Request and be given right to make representations in Section 51 hearings | X | |
72(1) | Prepare annual report to Parliament | X | X |
77 | Responsibilities conferred on the head of the institution by the regulations made under section 77 which are not included above | X | X |
Part II: Report on the Privacy Act
Requests under the Privacy Act
1. Statistical report
The annual statistical report for the fiscal year 2018-2019 is included at the end of this chapter. An additional table is included to report on two (2) new exemptions in accordance with a new policy from Treasury Board Secretariat of Canada. The new exemptions report on the number of requests processed by the Department during the fiscal year 2018-2019 which would have applied the following sections: 22.4 (National Security and Intelligence Committee) and 27.1 (Patent or Trademark privilege).
2. Interpretation of the statistics
Between April 1, 2018 and March 31, 2019, the Department for Women and Gender Equality (formerly Status of Women Canada) did not receive any privacy request.
3. Privacy impact assessment
The Privacy Impact Assessment (PIA) Policy came into effect on May 2, 2002. Its objective is to assure Canadians that privacy principles are being taken into account during the design, implementation and evaluation of the programs and services that involve personal information. The policy requires that the programs and services with potential privacy risks undergo a PIA. Preliminary Privacy Impact Assessments (PPIAs) are conducted to determine whether there are privacy-related concerns warranting a full PIA.
During the 2018-2019 reporting period, there was one PIA initiated.
4. Privacy education and training activities
There were four (4) formal training activities provided during the reporting period, and twenty one (21) requests for advice and guidance were provided during the fiscal year to internal and/or external clients.
5. Disclosures pursuant to subsection 8(2)(m)
There were no disclosures made under 8(2)(m) during this time period.
6. Complaints and investigations
Applicants have the right to register a complaint with the Office of the Privacy Commissioner (OPC) regarding any matter relating to the processing of their requests.
The Department for Women and Gender Equality (formerly Status of Women Canada) received two (2) complaints on the same request during fiscal year 2018-2019. The two complaints are regarding "retention and use and disclosure". These are still under investigation and will be reported in the year the OPC provides their letter of finding to the Department.
7. Appeals to the courts
There were no appeals filed to the courts between April 1, 2018 and March 31, 2019.
8. Time monitoring
A status report of all outstanding requests is prepared on a weekly basis for review and oversight by the Director General, Communications and Public Affairs Directorate.
9. Privacy breaches
There was one (1) privacy breach that occurred during the fiscal year. The report was provided to the Office of the Privacy Commissioner and Treasury Board Secretariat of Canada.
10. New additional exemptions
The Department had no requests which identified any of the new additional exemptions under the Privacy Act for 2018-2019.
Privacy Act | |
---|---|
Section | Number of requests |
22.4 National Security and Intelligence Committee | 0 |
27.1 Patent or Trademark privilege | 0 |
Statistical report on the Privacy Act
Name of institution: Dept for Women and Gender Equality (formerly SWC)
Reporting period: 2018-04-01 to 2019-03-31
Part 1: Requests under the Privacy Act
Number of Requests | |
---|---|
Received during reporting period | 0 |
Outstanding from previous reporting period | 0 |
Total | 0 |
Closed during reporting period | 0 |
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 | 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 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Abandoned | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
2.2 Exemptions
Section | Number or Request | Section | Number or Request | Section | Number or Request |
---|---|---|---|---|---|
18(2) | 0 | 22(1)(a)(i) | 0 | 23(a) | 0 |
19(1)a) | 0 | 22(1)(a)(ii) | 0 | 23 (b) | 0 |
19(1)(b) | 0 | 22(1)(a)(iii) | 0 | 24(a) | 0 |
19(1)(c) | 0 | 22(1)(b) | 0 | 24(b) | 0 |
19(1)(d) | 0 | 22(1)(c) | 0 | 25 | 0 |
19(1)(e) | 0 | 22(2) | 0 | 26 | 0 |
19(1)(f) | 0 | 22.1 | 0 | 27 | 0 |
20 | 0 | 22.2 | 0 | 28 | 0 |
21 | 0 | 22.3 | 0 |
2.3 Exclusions
Section | Number of Requests | Section | Number of Requests | Section | Number of Requests |
---|---|---|---|---|---|
69(1)(a) | 0 | 70(1) | 0 | 70(1)(d) | 0 |
69(1)(b) | 0 | 70(1)(a) | 0 | 70(1)(e) | 0 |
69.1 | 0 | 70(1)(b) | 0 | 70(1)(f) | 0 |
70(1)(c) | 0 | 70.1 | 0 |
2.4 Format of information released
Disposition | Paper | Electronic | Other formats |
---|---|---|---|
All disclosed | 0 | 0 | 0 |
Disclosed in part | 0 | 0 | 0 |
Total | 0 | 0 | 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 | 0 | 0 | 0 |
Disclosed in part | 0 | 0 | 0 |
All exempted | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 |
Request abandoned | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
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 | 0 | 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 |
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 | 0 | 0 | 0 | 0 | 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 |
Abondoned | 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 days past deadline where no extension was taken | Number of days past deadline where an extension was taken | Total |
---|---|---|---|
1 to 15 days | 0 | 0 | 0 |
16 to 60 days | 0 | 0 | 0 |
31 to 30 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)
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 | |
---|---|---|---|---|
Article 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 | |
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 |
6.3 Recommendations and completion time for consultations received from other organizations
Recommendations | 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 | |
Disclose entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Disclose 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 |
Part 7: Completion time of consultations on Cabinet confidences
7.1 Requests with Legal Services
Number of days | Less than 100 pages processed | 100-500 pages processed | 501-1,000 pages processed | 1,001-5,000 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 days | 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 | Less than 100 pages processed | 100-500 pages processed | 501-1,000 pages processed | 1,001-5,000 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 days | 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 |
---|---|---|---|---|
2 | 0 | 0 | 0 | 2 |
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 | $5,620.00 |
Overtime | $0.00 |
Goods and Services | $0.00 |
|
$0.00 |
|
$0.00 |
Total | $5,620.00 |
10.2 Human Resources
Resources | Person Years Dedicated to Privacy Activities |
---|---|
Full-time employees | 0.25 |
Part-time and casual employees | 0.00 |
Regional staff | 0.00 |
Consultants and agency personnel | 0.00 |
Students | 0.00 |
Total | 0.25 |
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