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.
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 |
● | ● |
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 |
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