Annual Report to Parliament on the Administration of the Privacy Act 2015-2016

1. INTRODUCTION

The Privacy Act (Act) provides individuals with a right of access to their personal information and protects the privacy of individuals with respect to personal information under the control of government institutions.

This Annual Report was prepared in accordance with section 72 of the Act, which stipulates that annual reports on privacy shall be tabled in Parliament.

2. ABOUT THE CIVILIAN REVIEW AND COMPLAINTS COMMISSION FOR THE ROYAL CANADIAN MOUNTED POLICE

The Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC) operates pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10. The CRCC provides civilian review of RCMP members' conduct in performing their policing duties so as to hold the RCMP accountable to the public.

The CRCC's main role is to take public complaints about members of the RCMP. These complaints are then forwarded to the RCMP for initial investigation as mandated by the Royal Canadian Mounted Police Act; however, if the complainant is dissatisfied with the response that he or she receives from the RCMP, the CRCC will review the complaint with a view to determining the reasonableness of the RCMP's response. In appropriate cases, the CRCC will undertake its own investigation or hearing into a complaint. The Chairperson of the CRCC also has the power to file his or her own complaint if he or she feels that a matter is deserving of investigation.

Additionally, even in the absence of a public complaint, the CRCC is empowered to conduct a review of RCMP activities to evaluate compliance with legislation, regulations, ministerial directions, policy, procedures and/or guidelines.

3. ATIP RESPONSIBILITIES

At the CRCC, the Access to Information and Privacy (ATIP) Unit consists solely of the ATIP Coordinator. The ATIP Coordinator processes all requests from the public and consultations from other departments or agencies. The ATIP Coordinator also provides advice to CRCC employees and senior officials on ATIP-related matters, prepares annual statistical reports, ensures the ongoing accuracy of Info Source, prepares completed Access to Information summaries for proactive disclosure on the CRCC's website, participates in forums for the ATIP community and monitors changes in ATIP policy, guidelines and directives.

When processing requests and consultations under the Access to Information and Privacy Acts, the ATIP Coordinator also benefits from some administrative assistance from personnel in the Information Management Unit of the CRCC.

The Executive Director, under delegated authority from the Minister of Public Safety, provides the final approval for all responses on ATIP requests and consultations

4. DELEGATION ORDER

The Minister of Public Safety has delegated full authority under the Act to the CRCC Chairperson and Executive Director. The Minister has also delegated administrative duties and functions to the CRCC ATIP Coordinator. The most recent delegation order was signed by the Minister of Public Safety on January 18, 2012 (see Annex A).

5. PRIVACY REQUESTS RECEIVED

During the course of the reporting period, seven (7) new Privacy requests under the Act were received and completed. No requests were carried over from the previous year, nor were any carried forward into the next reporting period.

These seven (7) new Privacy requests were all from individuals seeking their personal information from public complaint files held by the CRCC.

6. STATISTICAL REPORT

The seven (7) Privacy requests received by the CRCC in 2015-2016 represents a small increase over the number of requests received in recent years:

2015-16 7
2014-15 3
2013-14 2
2012-13 6

But, given the small size of these figures, no statistical significance can be drawn from these numbers.

Of the seven (7) requests received during the reporting period, one (1) request was abandoned, three (3) were released without redaction and three (3) others were released with exemptions claimed under sections 25 (Information that could threaten the safety of individuals) and 26 (Personal information of a third party) of the Privacy Act. External consultation was required for three (3) requests. The statutory deadlines were met for all requests. The total number of pages processed for the six (6) requests (note: the seventh was abandoned) was 702 pages.

Ten (10) consultations were received from other Government of Canada institutions during the reporting period. As well, one (1) other consultation from a Government of Canada institution was carried forward from the preceding year. All eleven (11) consultations were closed during the reporting period, resulting in 186 pages processed.

See Annex B for the Statistical Report.

7. TRAINING

Two staff members in the CRCC's Operations Directorate each participated in two Information Access and Protection of Privacy courses through the University of Alberta.

8. SIGNIFICANT CHANGES

The CRCC did not implement any new policies, guidelines or procedures related to Privacy during the reporting period.

9. MONITORING OF TIMELINESS

The CRCC monitors the time to process Privacy requests through its case management software. The ATIP Coordinator keeps track of upcoming deadlines for requests and consultations. Weekly reminders of approaching deadlines are provided to senior management. Quarterly reports are also sent to management providing status updates on outstanding files and reporting on other relevant ATIP matters.

10. PRIVACY IMPACT ASSESSMENTS

No privacy impact assessments were conducted during the reporting period.

11. PRIVACY BREACHES

There were no material privacy breaches at the CRCC during the reporting period.

12. DISCLOSURES MADE PURSUANT TO PARAGRAPH 8(2)(m) OF THE PRIVACY ACT

There were no disclosures made pursuant to paragraph 8(2)(m) of the Act in 2015–2016.

13. COMPLAINTS

No complaints under the Act were filed against the CRCC, nor were any audits or investigations conducted, during the reporting period.

Appendix A: Delegation Order

The Minister of Public Safety Canada, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions set out below, or acting in those positions, to exercise the powers and perform the duties and functions of the Minister as the head of a government institution, that is, the Commission for Public Complaints Against the RCMP, under the section of the Act set out opposite each position.

Privacy Act
Section Chair Executive Director ATIP Coordinator

8(2)(j)

Disclosure for research purposes

 

8(2)(m)

Disclosure in the public interest or in the interest of the individual

 

8(4)

Copies of requests under 8(2)(e) to be retained

8(5)

Notice of disclosure under 8(2)(m)

 

9(1)

Record of disclosures to be retained

 

9(4)

Consistent uses

 

10

Personal information to be included in personal information banks

 

14

Notice where access requested

15

Extension of time limits

17(2)(b)

Language of access

17(3)(b)

Access to personal information in alternative format

18(2)

Exemption (exempt banks) – Disclosure may be refused

 

19(1)

Exemption – Personal information obtained in confidence

 

19(2)

Exemption – Where disclosure authorized

 

20

Exemption –  Federal-provincial affairs

 

21

Exemption – International affairs and defence

 

22

Exemption –  Law enforcement and investigation

 

22.3

Exemption – Public Servants Disclosure Protection Act

 

23

Exemption – Security clearances

 

24

Exemption – Individuals sentenced for an offence

 

25

Exemption – Safety of individuals

 

26

Exemption – Information about another individual

 

27

Exemption – Solicitor-client privilege

 

28

Exemption – Medical record

 

31

Notice of intention to investigate

33(2)

Right to make representation

35(1)

Findings and recommendations of Privacy Commissioner  (complaints)

35(4)

Access to be given

36(3)

Report of findings and recommendations (exempt banks)

37(3)

Report of findings and recommendations (compliance review)

51(2)(b)

Special rules for hearings

 

51(3)

Ex parte representations

 

72(1)

Report to Parliament

 
Privacy Regulations
Section Chair Executive Director ATIP Coordinator

9

Reasonable facilities and time provided to examine personal information

11(2)

Notification that correction to personal information has been made

11(4)

Notification that correction to personal information has been refused

13(1)

Disclosure of personal information relating to physical or mental health may be made to a qualified medical practitioner or psychologist for an opinion on whether to release information to the requestor

14

Disclosure of personal information relating to physical or mental health may be made to a requestor in the presence of a qualified medical practitioner or psychologist

Dated, at the City of Ottawa, 18th of January 2012.

Signed by the Honourable Vic Toews, P.C., Q.C., M.P., Minister of Public Safety Canada

ANNEX B: Statistical Report

Reporting period: 2015-04-01 to 2016-03-31

Part 1: Requests Under the Privacy Act

Number of Requests
Received during reporting period 7
Outstanding from previous reporting period 0
Total 7
Closed during reporting period 7
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 1 1 1 0 0 0 0 3
Disclosed in part 0 1 2 0 0 0 0 3
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 1 0 0 0 0 0 0 0
Request abandoned 1 0 0 0 0 0 0 1
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 2 2 3 0 0 0 0 7

2.2 Exemptions

Section Number of Requests Section Number of Requests Section Number of Requests
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 2
19(1)(e) 0 22(2) 0 26 3
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 2 1 0
Disclosed in part 2 1 0
Total 4 2 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 252 252 3
Disclosed in part 450 390 3
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 1
Neither confirmed nor denied 0 0 0
Total 702 642 7
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 2 25 1 227 0 0 0 0 0 0
Disclosed in part 1 30 2 360 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 1 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 4 55 3 587 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 3 0 2 2 7
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 3 0 2 2 7

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 Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline 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

2.7 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) and 8(5)

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 3 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 3 0

5.2 Length of extensions

Length of Extensions 15(a)(i)
Interference with operations
15(a)(ii)
Consultation
15(b)
Translation purposes
Section 70 Other
1 to 15 days 0 0 1 0
16 to 30 days 0 0 2 0
Total 0 0 3 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 10 172 0 0
Outstanding from the previous reporting period 1 14 0 0
Total 11 186 0 0
Closed during the reporting period 11 186 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
All disclosed 10 0 0 0 0 0 0 10
Disclosed in part 0 1 0 0 0 0 0 1
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 10 1 0 0 0 0 0 11

6.3 Recommendations and completion time for consultations received from other organizations

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 Ddays 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

Part 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
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
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

Part 8: Complaints and Investigations Notices Received

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

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 $13,024
Overtime $0
Goods and Services $0
- Professional services contracts $0  
- Other $0  
Total $13,024

10.2 Human Resources

Resources Person Years Dedicated to Privacy Activities
Note: Enter values to two decimal places.
Full-time employees 0.15
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.15
8 avril 2015 – 31 août 2015
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