2018 to 2019 Annual Report on the Privacy Act

From: Financial Consumer Agency of Canada

Introduction

The Financial Consumer Agency of Canada (FCAC) is pleased to submit to Parliament its annual report on the administration of the Privacy Act (the Act) for the reporting period commencing on April 1, 2018, and ending on March 31, 2019. This report was prepared and tabled in accordance with section 72 of the Act.

The Act, which took effect on July 1, 1983, extends to individuals the right of access to information held by the government about themselves, subject to specific and limited exceptions. The Act also protects the personal information of individuals and gives them substantial control over its collection, use and disclosure.

The Agency derives its mandate from the Financial Consumer Agency of Canada Act (FCAC Act). The FCAC Act outlines the Agency’s functions and administration and enforcement powers, and lists the sections of federal laws and regulations under its supervision.

Section 3(2) of the FCAC Act states the following objectives:

(a) supervise financial institutions and external complaints bodies to determine whether the institution or body is in compliance with

(i) the consumer provisions applicable to them, and

(ii) the terms and conditions or undertakings with respect to the protection of customers of financial institutions that the Minister imposes or requires, as the case may be, under an Act listed in Schedule 1 and the directions that the Minister imposes under this Act;

(b) promote the adoption by financial institutions and external complaints bodies of policies and procedures designed to implement the provisions, terms and conditions, undertakings or directions referred to in paragraph (a);

(b.1) promote the adoption by financial institutions of policies and procedures designed to implement

(i) voluntary codes of conduct that are designed to protect the interests of their customers, that are adopted by financial institutions and that are publicly available, and

(ii) any public commitments made by them that are designed to protect the interests of their customers;

(c) monitor the implementation of voluntary codes of conduct that are designed to protect the interests of customers of financial institutions, that have been adopted by financial institutions and that are publicly available, and to monitor any public commitments made by financial institutions that are designed to protect the interests of their customers;

(d) promote consumer awareness about the obligations of financial institutions and of external complaints bodies under consumer provisions applicable to them and about all matters connected with the protection of consumers of financial products and services;

(e) foster, in co-operation with any department, agency or agent corporation of the Government of Canada or of a province, financial institutions and consumers and other organizations, an understanding of financial services and issues relating to financial services;

(f) monitor and evaluate trends and emerging issues that may have an impact on consumers of financial products and services; and

(g) collaborate and coordinate its activities with stakeholders to contribute to and support initiatives to strengthen the financial literacy of Canadians.

Section 3(3) of the FCAC Act states the following objectives:

(a) supervise payment card network operators to determine whether they are in compliance with the provisions of the Payment Card Networks Act and its regulations;

(b) promote the adoption by payment card network operators of policies and procedures designed to implement the provisions of the Payment Card Networks Act and its regulations;

(c) monitor the implementation of voluntary codes of conduct that have been adopted by payment card network operators and that are publicly available, and to monitor any public commitments made by them regarding their commercial practices in relation to payment card networks; and

(d) promote public awareness about the obligations of payment card network operators under a voluntary code of conduct or under the Payment Card Networks Act.

The Agency has one strategic outcome:

The rights of financial consumers are protected and the financial literacy of Canadians isstrengthened.

This strategic outcome contributes to the Government of Canada’s outcome of a fair and secure marketplace.

The Agency will do so by delivering on the following four strategic priorities:

Strengthen the oversight of the financial sector to better protect financial consumers.
Strengthen the knowledge, skills and confidence of financial consumers to contribute to theirfinancial wellbeing.
Identify, assess, report and act on trends and emerging issues in the financial marketplace.
Leverage organizational strengths and prepare for the future.

Organization of activities

The Agency’s Commissioner is the designated head of FCAC for the purpose of the Act. The Commissioner has approved internal designation to the positions of Deputy Commissioner; Managing Director, Corporate Services; Senior Access to Information and Privacy (ATIP) Officer; and Information Management Officer. This serves to oversee the administration of the Access to Information Act within the Agency and ensures compliance with the legislation.

Only 0ne employee currently fulfills the Agency’s ATIP obligations under the legislation on a full time basis.

The ATIP Coordinator is accountable for the development, coordination and implementation of effective Agency policies, guidelines, systems and procedures relevant to the Access to Information Act and the Act. This ensures that the Agency’s responsibilities under both acts are met and that there is appropriate processing and proper protection and disclosure of information.

The main activities of the ATIP Coordinator (Managing Director, Corporate Services) include:

processing requests under the Act;
developing and maintaining policies, procedures and guidelines to ensure the Act is respected by FCAC;
promoting awareness of the Act to ensure FCAC’s responsiveness to the obligations imposed on the government;
monitoring FCAC’s compliance with the Act, regulations and relevant procedures and policies;
preparing annual reports to Parliament and other statutory reports, as well as other material that may be required by central agencies;
representing FCAC in dealings with the Treasury Board Secretariat (TBS), the Office of the Privacy Commissioner of Canada and other government departments and agencies regarding the application of the Act as it relates to the Agency; and,
supporting FCAC in meeting its commitments in relation to greater openness and transparency through proactive disclosure of information and the disclosure of information through informal avenues.

Reading Room

The Agency has provided space for a reading room where the public may consult documents, at the following address:

Enterprise Building
427 Laurier Avenue West
6th Floor
Ottawa, Ontario

Delegation order

The Delegation Order sets out the powers, duties and functions for the administration of the Act that have been delegated by the Agency’s Commissioner as the head of the institution. The Delegation Order is attached as Appendix A.

Statistical report

The Statistical Report is attached as Appendix B.

Requests

During this reporting period, the Agency received two formal requests under the Act and there were no outstanding requests from the previous reporting period.

These requests were completed within the 30-day set time frame. One of the two requests was partially disclosed invoking section 26 of the Act and were provided electronically.

These requests required the processing of 86 pages.

Consultations

During this reporting period, the Agency did not receive any consultation requests from other government institutions or organizations.

Multi-Year Trends

Number of Requests	2015–2016	2016–2017	2017–2018	2018–2019
Received	1	2	0	2
Carried over from the previous period	0	0	0	0
Carried over to the next period	0	0	0	0
Processed	1	2	0	2
Fully disclosed	0	2	0	1
Partially disclosed	0	0	0	1
No records	1	0	0	0
All excluded	0	0	0	0
Exemptions invoked	Not applicable	Not applicable	Not applicable	Not applicable
Exclusions invoked	Not applicable	Not applicable	Not applicable	Not applicable
Consultations	0	0	0	0

This volume of requests is typical of the volume received by the Agency. In the event of a substantial increase in volume, the Agency would review its ATIP business process and associated resource levels to continue to ensure the timely processing of requests.

Disclosures made pursuant to paragraph 8(2)(m) of the Privacy Act

During this reporting period, the Agency did not make any disclosures of personal information pursuant to paragraph 8(2)(m) of the Privacy Act.

Privacy impact assessments

No privacy impact assessments (PIAs) were completed during this reporting period and no new data-sharing activities took place.

Privacy breaches

No privacy breaches occurred during this reporting period.

Awareness and training activities

During this reporting period, ATIP training was included as part of the FCAC new employee training session, and a coaching approach was applied with employees involved with the access to personal information process. As such, an individual’s responsibilities were explained and the retrieval obligations and workflow were described and their application monitored.

Agency policies and procedures

During this reporting period, the Agency applied its institution-specific policies and procedures for the processing of requests. FCAC monitors processing times by entering all actions and activities in an electronic database. A timeline for processing is established according to permissible legislation time frames. This timeline and accompanying workflow were reviewed and adjusted. The ATIP Coordinator, monitors Agency compliance with the timelines.

Privacy Act complaints

During this reporting period, the Agency received no complaints and was not subject to investigations or appeals to the courts. In addition, the Privacy Commissioner of Canada did not raise any concerns or issues.

Costs

During this reporting period, the costs directly related to the application of the Act totalled $136,402.

Personnel……………………………………………………… $136,402

The person-years dedicated to the Act activities during this reporting period are estimated at 1 full time employee.

Appendix A: Delegation Order

Privacy Act Designation Order

The Commissioner of the Financial Consumer Agency of Canada, pursuant to section 73 of the Privacy Act, hereby designates the following persons to exercise or perform the powers, duties or functions of the head of the institution set out in the sections of the act indicated next to beside each position.

Original signed by

Lucie Tedesco
Commissioner of the Financial Consumer Agency of Canada
Date October 7, 2013

Section of the Privacy Act	Powers, duties or functions	Position
8	Disclosure for research purposed, Disclosure in the public interest or in the interest of the individual, Copies of requests under 8(2)(e) to be retained and Notice of disclosure under 8(2)(m)	Deputy Commissioner Director of Corporate Services
9	Record of disclosures to be retained and Consistent uses	Deputy Commissioner Director of Corporate Services
14	Notice where access requested	Deputy Commissioner Director of Corporate Services
15	Extension of time limits	Deputy Commissioner Director of Corporate Services Manager, Administrative Services Information Management Officer
17	Language of access and Access to personal information in alternative format	Deputy Commissioner Director of Corporate Services
18	Exemption (exempt bank) – disclosure may be refused.	Deputy Commissioner Director of Corporate Services
19	Exemption – Personal information obtained in confidence and Where authorized to disclose	Deputy Commissioner Director of Corporate Services
20	Exemption – Federal-provincial affairs	Deputy Commissioner Director of Corporate Services/
21	Exemption – International affairs and defence	Deputy Commissioner Director of Corporate Services
22	Exemption – Law enforcement and investigation and Public Servants Disclosure Protection Act	Deputy Commissioner Director of Corporate Services
23	Exemption – Security clearances	Deputy Commissioner Director of Corporate Services
24	Exemption – Individuals sentenced for an offence	Deputy Commissioner Director of Corporate Services
25	Exemption – Safety of individuals	Deputy Commissioner Director of Corporate Services
26	Exemption – Information about another individual	Deputy Commissioner Director of Corporate Services
27	Exemption – Solicitor-client privilege	Deputy Commissioner Director of Corporate Services
28	Exemption – Medical record	Deputy Commissioner Director of Corporate Services
31	Notice of intention to investigate of Commissioner	Deputy Commissioner Director of Corporate Services
33	Right to make representation	Deputy Commissioner Director of Corporate Services
35	Notice of actions to implement recommendations of Commissioner and Access to be given	Deputy Commissioner Director of Corporate Services
36	Notice of actions to implement recommendations of Commissioner concerning exempt banks	Deputy Commissioner Director of Corporate Services
37	Notice of actions to implement recommendations of Commissioner concerning compliance with sections 4 to 8	Deputy Commissioner Director of Corporate Services
51	Special rules for hearings and Ex parte representations	Deputy Commissioner Director of Corporate Services
72	Report to Parliament	Deputy Commissioner Director of Corporate Services

Appendix B: Statistical Report for the Privacy Act

Name of institution: Financial Consumer Agency of Canada

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

Part 1: Requests Under the Privacy Act

	Number of Requests
Received during reporting period	2
Outstanding from previous reporting period	0
Total	2
Closed during reporting period	2
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
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	1	0	0	0	0	0	0	1
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
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	1	1	0	0	0	0	0	2

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
23(a)	0
23(b)	0
24(a)	0
24(b)	0
25	0
26	1
27	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
Disposition	Paper	Electronic	Other formats
All disclosed	0	1	0
Disclosed in part	0	1	0
Total	0	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	46	46	1
Disclosed in part	40	40	1
All exempted	0	0	0
All excluded	0	0	0
Request abandoned	0	0	0
Neither confirmed nor denied	0	0	0
Total	86	86	2

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	1	46	0	0	0	0	0	0	0	0
Disclosed in part	1	40	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	2	86	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 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline	Principal Reason
Number of Requests Closed Past the Statutory Deadline	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
Disposition of Requests Where an Extension Was Taken	15(a)(i) Interference With Operations	Section 70	Other	15(b) Translation or Conversion
All disclosed	0	0	0	0
Disclosed in part	0	0	0	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	0	0

5.2 Length of extensions
Length of Extensions	15(a)(i) Interference with operations	15(a)(ii) Consultation		15(b) Translation purposes
Length of Extensions	15(a)(i) Interference with operations	Section 70	Other	15(b) Translation purposes
1 to 15 days	0	0	0	0
16 to 30 days	0	0	0	0
Total	0	0	0	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	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
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
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

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 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

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	$136,402
Overtime	$0
Goods and Services	$0
Professional services contracts	$0
Other	$0
Total	$136,402

10.2 Human Resources
Resources	Person Years Dedicated to Privacy Activities
Full-time employees	1.00
Part-time and casual employees	0.00
Regional staff	0.00
Consultants and agency personnel	0.00
Students	0.00
Total	1.00

Appendix C: Additional reporting requirements

Completed Privacy Impact Assessments (PIAs):

Institution	Number of Completed PIAs
Financial Consumer Agency of Canada	0

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Date modified:: 2023-10-12

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