Annual report on the Privacy Act 2019-2020: Women and Gender Equality Canada

Introduction

The Privacy Act provides Canadian citizens and permanent residents with the right of access to, and correction of, personal information about themselves that is under the control of a government institution. It also provides the legal framework for the collection, retention, use, disclosure, disposition and accuracy of personal information in the administration of programs and activities by government institutions subject to the act.

This annual report on the administration of the Privacy Act describes how the Department for Women and Gender Equality (WAGE), fulfilled its responsibilities during the fiscal year beginning April 1, 2019 to March 31, 2020.

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.

Women and Gender Equality Canada mandate

The mandate of Women and Gender Equality Canada 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 better understand 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.

Organizational structure

The Access to Information and Privacy (ATIP) office is part of the Corporate Secretariat. This office is responsible for implementing and managing programs and services relating to WAGE's administration of the Access to Information Act and the Privacy Act, as well as providing advice to WAGE's employees as they fulfill their obligations under both acts. The ATIP office coordinates all activities related to the legislation within the Department both at headquarters and in the regions.

In fiscal year 2019-2020, the ATIP office consisted of an ATIP Manager, ATIP Coordinator supported by ATIP officers at various levels. The ATIP Office employed a total of two (2) full-time equivalents and one casual employee.

The ATIP Manager and ATIP Coordinator acts on behalf of the Minister for Women and Gender Equality and Rural Economic Development, to ensure that the Department's responsibilities under the Access to Information Act, the Privacy Act and the Service Fees Act are met. The ATIP Office reports to the Corporate Secretary, Corporate Secretariat. There were 2 areas of responsibility, which included the following key activities:

Privacy Management

Provided advice on privacy matters both internally and externally to the department
Developed procedures to optimize operations performance
Produced privacy awareness
Oversaw day-to-day issues management
Provided advice and review of proactive disclosures

ATIP Operations

Provided training and expertise on access to information to internal clients
Processed access to information and privacy requests formally received under the acts
Carried out consultations with government organizations and/or third parties
Responded to calls and informal requests for information
Acted as the point of contact to resolve formal complaints by oversight bodies
Maintained dialogue with sectors and other federal government institutions
Provided advice and guidance related to proactive disclosures to meet the C-58 requirements
Prepared the WAGE's annual reports to Parliament on the administration of the acts

Delegation order

he responsibilities associated with the administration of Privacy Act to the Department for Women and Gender Equality (WAGE) officials through a delegation order (Appendix B).

Performance 2019-2020

The Access to Information and Privacy Office (ATIP) did not receive any new privacy requests during 2019-2020.

Cost of operating the program amounts to $32,106 for fiscal year 2019-2020.

Interpretation of the statistical report for requests under the Privacy Act

The annual statistical report for the fiscal year 2019-2020 is included at the end of this chapter as Appendix A. An additional 2019-2020 Supplemental Statistical Report on the Privacy Act, Requests affected by COVID-19 in accordance with this year's guidelines from Treasury Board Secretariat of Canada is also included at the end of this chapter as Appendix C.

Between April 1, 2019 and March 31, 2020, Women and Gender Equality Canada (WAGE) did not receive any privacy request for a second year in a row.

Data Collection

The responsibility for the coordination of new data collection by the Department is assigned to the ATIP Manager. This ensures both compliance with the Privacy Act and the meeting the privacy requirements as necessary.

Training and awareness

There were two (2) formal training activities provided during the reporting period, and fifteen (15) requests for advice and guidance were provided during the fiscal year to internal and/or external clients.

Policies, guidelines, procedures and initiatives

During the fiscal year 2019-2020, WAGE began to develop a privacy framework so that is can meet the privacy requirements.

Summary of key issues and actions taken on complaints or audits

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.

WAGE had no complaints during the fiscal year 2019-2020. However, the privacy report notes that the Department received two notices of findings for two investigations related to privacy complaints received by the Office of the Privacy Commissioner. Both investigations are complete.

Monitoring compliance

An ATIP Manager was brought into the department to create the privacy program to effectively monitor privacy and to meeting any requirements.

Material privacy breaches

There were no privacy breaches that occurred during the fiscal year.

Privacy impact assessment

During the 2019-2020 reporting period there were no new Privacy Impact Assessments initiated.

Public Interest Disclosures

There were no public interest disclosures made during this time period.

Supplemental statistical report on the impact of COVID-19 on the Privacy Act

In addition to completing the forms for the Statistical Report on the Access to Information Act for 2019-2020, institutions were asked to complete a Supplemental Report to help identify the impact of COVID-19 measures on institutional performance for 2019-20 and going forward.

The Department received no formal privacy requests during the two periods requiring reporting; 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31 under the Privacy Act for 2019-2020 as reported in Appendix C.

Appendix A: 2019-2020 Annual statistical report on the Privacy Act

Section 1: Requests under the Privacy Act

1.1 Number of requests
Category	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

Section 2: Requests closed during the reporting period

2.1 Disposition and completion time
Disposition of Requests	Completion Time
Disposition of 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
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	0	0	0	0	0	0	0

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
22.4	0
23(a)	0
23(b)	0
24(a)	0
24(b)	0
25	0
26	0
27	0
27.1	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
Paper	Electronic	Other
0	0	0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Number of Pages Processed	Number of Pages Disclosed	Number of Requests
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
Disposition	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
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	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
Request abandoned	0	0	0	0	0
Neither confirmed nor denied	0	0	0	0	0
Total	0	0	0	0	0

2.6 Closed requests

2.6.1 Number of requests closed within legislated timelines
Category	Requests closed within legislated timelines
Number of requests closed within legislated timelines	0
Percentage of requests closed within legislated timelines (%)	0

2.7 Deemed refusals

2.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines	Principal Reason
Number of Requests Closed Past the Legislated Timelines	Interference with Operations / Workload	External Consultation	Internal Consultation	Other
0	0	0	0	0

2.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines	Number of Requests Past Legislated Timeline Where No Extension Was Taken	Number of Requests Past Legislated Timelines 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

2.8 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 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

Section 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

Section 5: Extensions

5.1 Reasons for extensions and disposition of requests
Number of requests where an extension was taken	15(a)(i) Interference with operations				15 (a)(ii) Consultation			15(b) Translation purposes or conversion
Number of requests where an extension was taken	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	15(b) Translation purposes or conversion
0	0	0	0	0	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 or conversion
Length of Extensions	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	15(b) Translation purposes or conversion
1 to 15 Days	0	0	0	0	0	0	0	0
16 to 30 Days	0	0	0	0	0	0	0	0
31 days or greater	0	0	0	0	0	0	0	0
Total	0	0	0	0	0	0	0	0

Section 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
Carried over to the next 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
Recommendation	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
Recommendation	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

Section 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 Days	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 Days	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 8: Complaints and investigations notices received

Section 31	Section 33	Section 35	Court action	Total
0	2	2	0	4

Section 9: Privacy Impact Assessments (PIA) and Personal Information Banks (PIB)

9.1 Privacy Impact Assessments
Number of PIA(s) completed	0

9.2 Personal Information Banks
Active	Created	Terminated	Modified
11	0	0	0

Section 10: Material privacy breaches

Number of material privacy breaches reported to TBS	0
Number of material privacy breaches reported to OPC	0

Section 11: Resources related to the Privacy Act

11.1 Costs
Expenditures	Amount
Salaries	$25,243
Overtime	$0
Goods and Services	$6,863
Professional services contracts: $6,863
Other: $0
Total	$32,106

11.2 Human Resources
Resources	Person Years Dedicated to Privacy Activities
Full-time employees	0.21
Part-time and casual employees	0.00
Regional staff	0.00
Consultants and agency personnel	0.04
Students	0.00
Total	0.25

Appendix B: 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.

Section of the Act	Powers, Duties and Functions	Head, Minister for Women and Gender Equality	ATIP Coordinator
7(a)	Notice where access requested	Yes	Yes
8(1)	Transfer to, transfer from institution	Yes	Yes
9	Extension of time limits	Yes	Yes
11(2), (3), (4), (5), (6)	Additional fees	Yes	Yes
12(2)	Language of access	Yes	Yes
12(3)	Access in an Alternative Format	Yes	Yes
13	Information obtained in confidence	Yes	Yes
14	Federal-Provincial affairs	Yes	Yes
15	International affairs and defense	Yes	Yes
16	Law enforcement and investigation	Yes	No
17	Safety of individuals	Yes	No
18	Economic interests of Canada	Yes	No
19	Personal information	Yes	Yes
20	Third party information	Yes	Yes
21	Advice	Yes	Yes
22	Testing procedures	Yes	Yes
23	Solicitor/client privilege	Yes	Yes
24	Statutory prohibitions	Yes	Yes
25	Severance	Yes	Yes
26	Information to be published	Yes	Yes
27(1)(4)	Third party notification	Yes	Yes
28(1)(b)	Give written notice to a third party of the Department's decision to disclose records containing information pertaining to that third party	Yes	Yes
28(2)	Waive the requirement for a written representation by a third party	Yes	Yes
28(4)	Disclose records for which a notice has been issued to a third party of the Department's decision to disclose those records, unless the third party seeks a Court review of the decision under Section 44	Yes	Yes
29(1)	Disclosure on recommendation of Information Commissioner	Yes	Yes
33	Advise Information Commissioner of third party involvement	Yes	Yes
35	Right to make representations	Yes	No
37(4)	Access to be given complainant	Yes	Yes
43(1)	Notice to third party (application to Federal Court)	Yes	Yes
44(2)	Notice to applicant (application to Federal Court by third party)	Yes	Yes
52(2)(3)	Special rules for hearings	Yes	No
69	Excluded information	Yes	Yes
71(2)	Exempt information severed from manuals	Yes	Yes
77	Responsibilities conferred on the head of the institution the regulations make under section 77 which are not included above	Yes	Yes

Appendix C: Supplemental Statistical Report on the Privacy Act

Requests affected by COVID-19 measures

In addition to completing the forms for the Statistical Reports on the Access to Information Act and Privacy Act for 2019-20, institutions are asked to complete this Supplemental Report to help identify the impact of COVID-19 measures on institutional performance for 2019-20 and going forward. The data requirements for Women and Gender Equality Canada are set out in the following tables.

The following table reports the total number of formal requests received during two periods: 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Requests received
Category	Number of requests
Received from 2019-04-01 to 2020-03-13	0
Received from 2020-03-14 to 2020-03-31	0
Total	0

The following table reports the total number of requests closed within the legislated timelines and the number of closed requests that were deemed refusals during two periods: 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Requests closed
Category	Number of requests closed within the legislated timelines	Number of requests closed past the legislated timelines
Received from 2019-04-01 to 2020-03-13 and outstanding from previous reporting periods	0	0
Received from 2020-03-14 to 2020-03-31	0	0
Total	0	0

The following table reports the total number of requests carried over during two periods: 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Requests carried over
Category	Number of requests
Requests from 2019-04-01 to 2020-03-13 and outstanding from previous reporting period that were carried over to the 2020-2021 reporting period	0
Requests from 2020-03-14 to 2020-03-31 that were carried over to the 2020-2021 reporting period	0
Total	0

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Date modified:: 2021-04-14

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