Annual report to Parliament on the administration of the Privacy Act – 2018-2019

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Introduction

The Purpose of the Privacy Act

The Privacy Act (the Act) provides Canadian citizens and permanent residents of Canada a right of access to information about themselves held by the federal government subject to certain specific and limited exceptions. The Actprotects an individual’s privacy by setting out provisions related to the collection, use, disclosure, retention and disposal of personal information.

Section 72 of the Actrequires the Minister of Transport to submit an annual report to Parliament on the administration of the Act following the close of each fiscal year. This report is prepared in accordance with section 72 of the Actand describes how Transport Canada (TC) fulfilled its responsibilities and obligations during the 2018-2019 fiscal year.

About Transport Canada

TC is responsible for developing and overseeing the Government of Canada’s transportation policies and programs so that Canadians can have access to a safe, secure, innovative and integrated transportation system that promotes trade, economic growth and a cleaner environment.

For more information about Transport Canada, visit the website.

Organizational structure

The Access to Information and Privacy (ATIP) Branch is part of the Corporate Services Group. The Director of the ATIP Branch is the ATIP Coordinator for TC. Consistent with best practices identified by the Treasury Board of Canada Secretariat (TBS)Footnote 1, TC’s ATIP Coordinator is positioned within three levels of the Minister. The Coordinator reports to the Assistant Deputy Minister (ADM), Corporate Services, and Chief Financial Officer (CFO), who in turn reports to the Deputy Minister.

The ATIP Coordinator has full delegated authority, with the exception of privacy disclosures in the public interest, pursuant to section 8(2)(m) of the Privacy Act. This delegation is given to the Deputy Minister, the Associate Deputy Minister and the ADM, Corporate Services and CFO.

The ATIP Branch works closely with departmental ATIP liaison officers who are the main point of contact between the ATIP Branch and subject matter experts. They are responsible for ensuring that requests tasked to their Group or region are handled promptly and that relevant records are forwarded to the ATIP Branch within provided timelines.

The ATIP Branch is comprised of two units: the Operations Unit is dedicated to access to information activities while the Policy and Privacy Unit’s activities include both access to information and privacy. Overall, 8.31 person years were dedicated to privacy activities in the 2018-2019 fiscal year.

Delegation Order

Responsibilities associated with the administration of the Privacy Act are delegated to departmental officials through a delegation order signed by the Minister of Transport (see Annex A for the signed Delegation Order).

Highlights of the 2018 to 2019 Statistical Report

This section highlights key information on the department’s performance for fiscal year 2018-19. See Annex B for the complete Statistical Report and Annex C for details of the new exemptions under the Privacy Act.

Requests under the Privacy Act

In the 2018-2019 fiscal year, TC received 322 privacy requests which is a decrease from the 462 received the previous year. Of the 322 requests received, 75 were requests for disclosure of personal information made pursuant to subsection 8(2) of the Act. In addition, 64 requests were carried over from the previous year for a total of 386 requests on hand during 2018-2019.

Of the 386 requests on hand, 372 were completed during the reporting period, which resulted in 14 requests being carried over to the 2019-2020 fiscal year. In addition, the Branch received many requests from internal clients. For example, 41 internal administrative reports were received for review, many of which were complex. This contributed to a marked increase in the workload of the Branch.

Requests completed during the reporting period

The number of requests completed within 30 days increased from 77% to 80% from 2017-2018 to 2018-2019, TC’s best performance of the past five years. The ATIP Branch also completed more late files from the backlog of previous years, resulting in an increase in the average number of days to process a request.

Requests completed within 30 days

2014 to 2015

2015 to 2016

2016 to 2017

2017 to 2018

2018 to 2019

73%

79%

77%

77%

80%

Average days required to process a request

2014 to 2015

2015 to 2016

2016 to 2017

2017 to 2018

2018 to 2019

33

23

28

32

66

Exemptions

Sections 18 through 28 of the Act set out the exemptions that can be applied in order to protect information pertaining to a particular public or private interest. The majority of the exemptions invoked by TC fell under two sections of the Act: Section 22, which protects the disclosure of materials that could reasonably be expected to be injurious to enforcement or investigations (15 cases); and Section 26, which protects personal information about another individual (153 cases).

Exclusions

The Act does not apply to certain publicly available information described in section 69(1) and s. 69(2), or to confidences of the Queen’s Privy Council for Canada pursuant to s. 70(1). During this reporting period, one (1) exclusion was cited under section 70(1)(e).

Deemed refusals

During the 2018-2019 fiscal year, 322 requests (87%) were completed within the statutory deadline. This result reflects TC’s commitment to ensuring that every reasonable effort is made to complete requests in a timely manner, and to meet its obligations to requesters. The number of requests completed past the statutory deadline over the total number of requests received increased slightly to 13% compared to 9% the previous year. Workload and staff turnover were cited as the primary reasons for completing requests past the statutory deadline.

Disclosures under subsections 8(2)

In the 2018-2019 reporting period, three disclosures were made under 8(2)(e) - investigative bodies. No disclosures were made under 8(2)(m) - public interest, or under 8(5), whereby TC would notify the Privacy Commissioner that it would be disclosing personal information in the public interest.

Requests for correction of personal information and notation

There were no requests for correction of personal information or notation in the reporting period.

Extensions

The Privacy Actallows departments to extend the legislated deadline by 30 days if the request cannot be completed within the legislated 30-day time limit due to specific circumstances.

In total, 43 extensions were taken in the reporting year. This is a decrease from the 66 extensions taken during the previous reporting period. Of the 43 extensions, 38 were taken because of interference with operations and five were taken for consultations.

Consultations received from other government institutions and organizations

TC received one consultation from another Government of Canada institution during the reporting period, in addition to two consultations that were carried forward from the previous fiscal year. These three consultations in total were completed during the reporting period.

Complaints and investigations

Requesters can submit a complaint to the Office of the Privacy Commissioner (OPC) on the processing of their request. During the 2018-2019 reporting year, TC received seven privacy complaints pursuant to section 31 of the Act. Nine reports of findings were received under section 35.

Complaints

Complaints

2014 to 2015

2015 to 2016

2016 to 2017

2017 to 2018

2018 to 2019

Received

7

4

11

16

7

Closed

5

2

1

27

13

Training and awareness

Throughout 2018-2019, efforts continued to strengthen the ATIP training program in order to reach a broad audience, both in the National Capital Region and regional offices. Training materials were improved and updated based on feedback from employees participating in various training sessions. Training sessions were delivered in person or by video conference. These sessions provided TC employees with information on ATIP, expectations for the retrieval and reviewing of records, and correctly completing the Office of Primary Interest Return Forms. The ATIP Director and a Chief conducted training in the Atlantic and Quebec regions. When requested, ATIP training was delivered in venues such as all-staff meetings and small groups.

Policies, guidelines, procedures and initiatives

Departmental ATIP procedures manuals were maintained and updated in order to ensure consistent and efficient practices by all ATIP employees. The manuals are “evergreen” electronic documents which are updated whenever new policies are implemented or existing ones are revised.

Additionally, there were actions taken to move towards paperless files. This involved keeping all of the relevant documents of a request in Access Pro Case Management, the specialized software used to track and process requests, without creating a physical copy.

New monitoring procedures were also implemented in the Branch such as the Three Weeks Look Ahead reports and other weekly meetings which helped improve the department’s performance for responding to requests within legislated timelines.

Summary of key issues and actions taken on complaints

During the reporting period, the Department received seven complaints related to privacy requests. Major issues identified in complaints in 2018-2019 included alleged missing records, disagreements on exemptions, and time delays. The ATIP Branch resolved 13 complaints in collaboration with the OPC. In order to effectively treat complaints, and the backlog of complaints, specific actions were taken within the ATIP Branch, including communications between management and the OPC. Coordinating, managing and organizing complaints and communicating with the OPC were all undertaken. Bi-weekly meetings were also held with the Director to ensure files were advancing according to committed timelines.

Monitoring compliance

The ATIP Branch engages departmental officials at various levels in order to ensure the timely and accurate processing of ATIP requests. In November 2018, a presentation on departmental compliance and improvements was given to the Department’s Senior Management Committee. The Director met regularly with Chiefs and team leaders to review on-time performance. Analysts were trained to review Access Pro Case Management on a daily basis in order to track timeframes for requests under their responsibility. This was supplemented with regular bilateral meetings between managers and analysts to provide guidance and ensure compliance. A report was also prepared to assist in tracking the status of requests. The ATIP Three Weeks Look Ahead Reports were provided to Branch staff to remind them of requests coming due within three weeks in order to assure that legislated timelines were met. With these measures, 87% of requests were completed on time.

Material privacy breaches

During the reporting period, TC experienced no material privacy breaches.

Privacy Impact Assessments

There were no Privacy Impact Assessments completed during the reporting period.

Public interest disclosures

Paragraph 8(2)(m) of the Privacy Act allows the head of the institution to disclose personal information without the consent of the affected individual in cases where, in the opinion of the head, the public interest outweighs any invasion of privacy that could result from the disclosure or when it is clearly in the best interest of the individual to disclose. During the reporting period, TC made no disclosures of personal information under this provision.

Annex A: Delegation Order

Access to Information Act and Privacy Act designation

The Minister of Transport, pursuant to section 73 of the Access to Information Act ("ATIA") and section 73 of the Privacy Act ("PA"), hereby designates the persons holding the positions set out in the attached schedule, or the persons occupying those positions on an acting basis, to exercise the powers, duties and functions of the Minister of Transport as the head of the Department of Transport, under the provisions of these Acts and related RegulationsFootnote 2, set out in the attached schedule opposite each position.

This designation replaces all previous designations.

Dated at the City of Ottawa, in the Province of Ontario, this 10 day of March, 2016.

Marc Garneau
Minister of Transport

Schedule

Position

Access to Information Act and Regulations

Privacy Act and Regulations

Deputy Minister

Full authority

Full authority

Associate Deputy
Minister

Full authority

Full authority

Assistant Deputy Minister, Corporate Services, and Chief Financial Officer

Full authority

Full authority

Director, ATIP

Full authority

Full authority except :
PA: 8(2)(m)

Chiefs, ATIP

Full authority

Full authority except:
PA: 8(2)(j) and 8(2)(m)

Senior ATIP Analysts (Team Leaders)

ATIA: 7(a), 8(1), 11(2), 11(3),
11(4), 11(5), 27(1), 33, and 43(1)

PA: 14(a)

ATIP Analysts

ATIA: 7(a)

PA: 14(a)

Annex B: Transport Canada’s Statistical Report on the Privacy Act

Name of institution: Transport Canada

Reporting period: 2018-04-01 to 2019-03-31

Part 1: Requests under the Privacy Act

 

Number of requests

Received during reporting period

322

Outstanding from previous reporting period

64

Total

386

Closed during reporting period

372

Carried over to next reporting period

14

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

23

31

10

2

0

1

1

68

Disclosed in part

38

80

23

4

4

4

4

157

All exempted

1

2

0

0

0

0

0

3

All excluded

0

0

0

0

0

0

0

0

No records exist

27

28

2

2

2

4

2

67

Request abandoned

51

7

1

0

0

3

12

74

Neither confirmed nor
denied

0

2

0

1

0

0

0

3

Total

140

150

36

9

6

12

19

372

2.2 Exemptions

Section

Number of requests

18(2)

0

19(1)(a)

2

19(1)(b)

1

19(1)(c)

1

19(1)(d)

2

19(1)(e)

0

19(1)(f)

0

20

0

21

0

22(1)(a)(i)

7

22(1)(a)(ii)

1

22(1)(a)(iii)

0

22(1)(b)

6

22(1)(c)

0

22(2)

0

22.1

0

22.2

0

22.3

1

23(a)

0

23(b)

0

24(a)

0

24(b)

0

25

0

26

153

27

4

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)

1

70(1)(e)

1

70(1)(f)

0

70.1

0

2.4 Format of information released

Disposition

Paper

Electronic

Other formats

All disclosed

47

21

0

Disclosed in part

65

92

0

Total

112

113

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

3015

2746

68

Disclosed in part

30450

17934

157

All exempted

0

0

3

All excluded

7

0

0

Request abandoned

9620

1971

74

Neither confirmed nor denied

0

0

3

Total

43092

22651

305

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

60

770

7

1195

1

781

0

0

0

0

Disclosed in
part

113

1692

29

5705

7

3371

7

5580

1

1586

All exempted

3

0

0

0

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

0

0

0

0

Request
abandoned

68

48

2

265

2

1222

1

436

1

0

Neither confirmed nor denied

3

0

0

0

0

0

0

0

0

0

Total

247

2510

38

7165

10

5374

8

6016

2

1586

2.5.3 Other complexities

Disposition

Consultation required

Legal advice sought

Interwoven information

Other

Total

All disclosed

0

1

0

11

12

Disclosed in part

5

1

3

43

52

All exempted

0

0

0

0

0

All excluded

0

0

0

0

0

Request
abandoned

0

0

0

9

9

Neither confirmed nor denied

0

0

0

2

2

Total

5

2

3

65

75

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

50

35

0

0

15

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

3

0

3

16 to 30 days

3

1

4

31 to 60 days

3

1

4

61 to 120 days

6

2

8

121 to 180 days

2

0

2

181 to 365 days

10

1

11

More than 365 days

7

11

18

Total

34

16

50

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

3

0

0

3

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

5

0

1

0

Disclosed in part

24

0

4

0

All exempted

0

0

0

0

All excluded

0

0

0

0

No records exist

3

0

0

0

Request abandoned

6

0

0

0

Total

38

0

5

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

1

0

0

0

16 to 30 days

37

0

5

0

Total

38

0

5

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

1

6

0

0

Outstanding from the previous reporting period

2

43

0

0

Total

3

49

0

0

Closed during the reporting period

3

49

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

0

1

0

0

0

0

0

1

Disclosed in part

0

0

1

0

0

0

0

1

All exempted

0

1

0

0

0

0

0

1

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

2

1

0

0

0

0

3

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 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

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

1

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

1

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

7

0

9

0

16

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

$531,498

Overtime

$5,077

Goods and Services

  • Professional services contracts: $80,116
  • Other: $27,880

$107,996

Total

$644,571

10.2 Human resources

Resources

Person years dedicated to privacy activities

Full-time employees

7.47

Part-time and casual employees

0.60

Regional staff

0.00

Consultants and agency personnel

0.00

Students

0.24

Total

8.31

Annex C: Details of the new exemptions under the Privacy Act

Description

Privacy Act

Number of requests

National Security and Intelligence Committee of Parliamentarians Act, 2017, c. 15, s. 35 (in force 2017.10.06 see SI/2017-63)

22.4 The Secretariat of the National Security and Intelligence Committee of Parliamentarians shall refuse to disclose personal information requested under subsection 12(1) that was obtained or created by it or on its behalf in the course of assisting the National Security and Intelligence Committee of Parliamentarians in fulfilling its mandate.

0

Budget Implementation Act, 2018, No. 2, 2018, c. 27, s. 273 (in force on assent 2018.12.13)

Protected information — patents and trade-marks
27.1 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that is subject to the privilege set out in section 16.1 of the Patent Actor section 51.13 of the Trademarks Act.

0

Note: These exemptions were not invoked in the reporting period.