Annual report to parliament 2021–2022 on the Privacy Act

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.

The annual report on the administration of the Privacy Act describes how the Department for Women and Gender Equality (WAGE) fulfilled its responsibilities during the reporting period of April 1, 2021 to March 31, 2022.

The Minister for Women and Gender Equality and Youth, 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 (WAGE) is to advance equality with respect to sex, sexual orientation, and gender identity or expression. WAGE also works to promote a greater understanding of 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, socioeconomic 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 of advancing gender equality by performing a central coordination function within the Government of Canada, 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.

In the 2021–2022 fiscal year, the ATIP Office consisted of an ATIP manager and ATIP analysts at various levels. The ATIP manager acts on behalf of the Minister for Women and Gender Equality and Youth 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 manager reports directly to the Corporate Secretary.

In 2021–2022, the ATIP Office had two areas of responsibility, which included the following key activities:

Privacy management

• Provision of advice on privacy matters, both internally and externally to the Department
• Development of procedures to optimize operational performance
• Promotion of awareness on privacy considerations
• Privacy issues management
• Provision of advice and reviews of proactive disclosures

ATIP operations

• Provision of training and expertise on access to information for internal clients
• Processing of access to information and privacy requests formally received under the Acts
• Consultations with government organizations and/or third parties
• Response to calls and informal requests for information
• Point of contact to resolve formal complaints by oversight bodies
• Dialogue with sectors and other federal government institutions
• Provision of advice and guidance related to proactive disclosures under the Access to Information Act
• Preparation of WAGE’s annual reports to Parliament on the administration of the Acts

Delegation order

The Minister for Women and Gender Equality and Youth has delegated the responsibilities associated with the administration of the Access to Information Act to WAGE officials through a delegation order, which can be found in Appendix A.

Performance 2021-2022

The Access to Information and Privacy (ATIP) Office received two (2) privacy requests during the 2021–2022 fiscal year.

The cost of operating the program was $122,566 for the 2021–2022 fiscal year.

Interpretation of the statistical report for requests under the Privacy Act

The annual statistical report for the 2021–2022 fiscal year is included at the end of this chapter (attached as Appendix B). The additional Supplemental Statistical Report on the Impact of COVID-19 table is included as Appendix C of this report in accordance with Treasury Board of Canada Secretariat requirements. The latter report identifies the impact of COVID-19 measures on WAGE’s performance for 2021–2022.

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 meeting the privacy requirements, as necessary.

Training and awareness

There were no formal training activities provided during the reporting period. The Access to Information and Privacy (ATIP) Office received ninety-one (91) requests for advice and guidance from internal and/or external clients that were treated during the fiscal year.

Policies, guidelines, procedures and initiatives

During the 2021–2022 fiscal year, WAGE continued to develop tools and procedures to meet 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 related to the processing of their requests.

WAGE had no complaints or audits under the Privacy Act during the 2021–2022 fiscal year.

Monitoring compliance

The ATIP manager continues to strengthen the privacy program in order to ensure compliance with the Privacy Act and meet any requirements as necessary.

Material privacy breaches

There were no privacy breaches that occurred during the 2021–2022 fiscal year.

Privacy impact assessment

During the 2021–2022 reporting period, no new privacy impact assessments were 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 Privacy Act for 2021–2022, institutions were asked to complete a supplemental report to help identify the impact of COVID-19 measures on institutional performance for 2021–2022 and going forward.

During the 2021–2022 reporting period, the Department was able to continue to administer privacy requests pursuant to the Privacy Act.

Appendix A: delegation order

The responsibilities associated with the administration of the Access to Information Act are delegated to departmental officials through a delegation order signed by the Minister for Women and Gender Equality, currently Minister for Women and Gender Equality and Youth.

Department For Women And Gender Equality

Access to Information Act and Privacy Act Delegation Order

The Minister for Women and Gender Equality and Youth, pursuant to section 95 of the Access to Information Act and section 73 the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers and functions of the Minister as the head of a government institution. This Delegation Order supersedes all previous Delegation Orders.

Dated this 28 day of March 2022

Appendix B: Privacy act annual statistical report

April 1, 2021–March 31, 2022

Section 1: Requests under the Privacy Act

Section 2: Informal requests

Section 3: Requests Closed During the Reporting Period

3.5 Complexity

3.6 Closed requests

3.7 Deemed refusals

Section 4: Disclosures Under Subsections 8(2) and 8(5)

Section 5: Requests for Correction of Personal Information and Notations

Section 6: Extensions

Section 7: Consultations Received From Other Institutions and Organizations

Section 8: Completion Time of Consultations on Cabinet Confidences

Section 9: Complaints and Investigations Notices Received

Section 10: Privacy Impact Assessments (PIAs) and Personal Information Banks (PIBs)

Section 11: Privacy Breaches

Section 12: Resources Related to the Privacy Act

Note: Enter values to three decimal places

Appendix C: Supplemental statistical report on the impact of COVID-19

April 1, 2021–March 31, 2022

Section 1: Capacity to Receive Requests under the Access to Information Act and the Privacy Act

Section 2: Capacity to Process Records under the Access to Information Act and the Privacy Act

Section 3: Open Requests and Complaints Under the Access to Information Act

Row 8, Col. 3 of Section 3.1 must equal Row 7, Col. 1 of Section 1.1 of the 2021-2022 Statistical Report on the Access to Information Act

Section 4: Open Requests and Complaints Under the Privacy Act

Row 8, Col. 3 of Section 4.1 must equal Row 7, Col. 1 of Section 1.1 of the 2021-2022 Statistical Report on the Privacy Act

Section 5: Social Insurance Number (SIN)