Access to Information Act, Annual Report 2013–2014

Annual Report
2013–2014

Table of Contents

• Part One – Access to Information Act
• Introduction
• About Citizenship and Immigration Canada
• Access to Information and Privacy Division
• Activities and Accomplishments
  • I. Performance
  • II. Leadership
  • III. Promotion, Awareness and Training
  • IV. Policies, Guidelines and Procedures
  • V. Horizontal and Collaborative Engagement
  • VI. Passport Transition
  • VII. Human Resources
  • VIII. External Views
• CIC’s Statistical Overview
  • I. Requests Received Under the Access to Information Act
  • II. Sources of Requests
  • III. Disposition of Completed Requests
  • IV. Exemptions Invoked
  • V. Consultations
  • VI. Extensions
  • VII. Completion Time
  • VIII. Complaints
  • IX. Appeals to the Federal Court
• Passport Program Statistical Overview
  • I. Requests Received Under the Access to Information Act
  • II. Sources of Requests
  • III. Disposition of Completed Requests
  • IV. Exemptions and Exclusions Invoked
  • V. Extensions
  • VI. Consultations
  • VII. Complaints
• Appendix A: CIC’s Report on the Access to Information Act
• Appendix B: Passport Program Report on the Access to Information Act
• Appendix C: Delegation Order

• Part Two – Privacy Act
• Introduction
• About Citizenship and Immigration Canada
• Access to Information and Privacy Division
• Activities and Accomplishments
  • I. Performance
  • II. Promotion, Awareness and Training
  • III. Policies, Guidelines and Procedures
  • IV. Horizontal and Collaborative Engagement
  • V. Passport Transition
  • VI. Human Resources
  • VII. External Views
• CIC’s Statistical Overview
  • I. Requests Received Under the Privacy Act
  • II. Disposition of Completed Requests
  • III. Exemptions Invoked
  • IV. Disclosure of Personal Information Under Subsection 8(2)
  • V. Consultations
  • VI. Extensions
  • VII. Completion Time
  • VIII. Complaints
  • IX. Appeals to the Federal Court
  • X. Privacy Impact Assessments
• Global Visa Application Centre Network: Phase Two
• Information Sharing with PopData BC
• U.S. Service Channel Agreement
• Passport Program Statistical Overview
  • I. Requests Received Under the Privacy Act
  • II. Disposition of Completed Requests
  • III. Exemptions and Exclusions
  • IV. Disclosure of Personal Information Under Subsection 8(2)
  • V. Extensions
  • VI. Consultations Received from Other Institutions
  • VII. Complaints
  • VIII. Privacy Impact Assessments
• Appendix A: Report on the Privacy Act
• Appendix B: Passport Program Report on the Privacy Act
• Appendix C: Delegation Order

Part One: Access to Information Act

Introduction

Citizenship and Immigration Canada (CIC) is pleased to present to Parliament its 20^th annual report on the administration of the Access to Information Act for the fiscal year commencing April 1, 2013, and ending March 31, 2014.

The purpose of the Access to Information Act is to provide a right of access to information in records under the control of a government institution. The Act maintains that government information should be available to the public that necessary exceptions to the right of access should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government.

Section 72 of the Act requires the head of every federal government institution to submit an annual report to Parliament on the administration of the Act during the fiscal year. This report outlines CIC’s accomplishments in carrying out its access to information responsibilities and obligations during the 2013–2014 reporting period.

About Citizenship and Immigration Canada

CIC was created in 1994 to link citizenship registration and immigration services, to promote the unique ideals all Canadians share and to help build a stronger Canada. In November 2008, the Department’s portfolio was expanded to include multiculturalism. In addition, effective July 2, 2013, primary responsibility for the Passport program and the administration of the Canadian Passport Order and the Order Respecting the Issuance of Diplomatic and Special Passports were transferred from the Department of Foreign Affairs, Trade and Development (DFATD) to CIC.

Canada has a proud tradition of welcoming immigrants. Our immigration and refugee systems and our vast network of organizations that help newcomers settle and integrate are among the best in the world. This tradition is enhanced by the value we place on multiculturalism, which is fundamental to our belief that all citizens are equal. Multiculturalism aims to ensure that all citizens, regardless of their ethnocultural community, have equal opportunities and feel they belong in Canada. Through multiculturalism, new Canadians are encouraged to integrate into Canadian society and to take an active part in its social, cultural, economic and political affairs.

CIC’s mandate comes from the shared jurisdiction of section 95 of the Constitution Act, 1867, the Citizenship Act, the Immigration and Refugee Protection Act, the Canadian Multiculturalism Act, the Canadian Passport Order and the Order Respecting the Issuance of Diplomatic and Special Passports.

CIC’s work encompasses a broad range of activities, including the following:

• facilitating the arrival of people and their integration into Canadian life in a way that maximizes their contribution to the country while protecting the health, safety and security of Canadians;
• maintaining Canada’s humanitarian tradition by protecting refugees and other people in need of protection;
• enhancing the values and promoting the rights and responsibilities of Canadian citizenship;
• administering the Canadian Passport Order;
• reaching out to all Canadians, and fostering increased intercultural understanding and an integrated society with equal opportunity for all regardless of race, ethnicity and religion; and
• advancing global migration policies in a way that supports Canada’s immigration and humanitarian objectives.

Access to Information and Privacy Division

The Access to Information and Privacy (ATIP) Division is part of the Corporate Affairs Branch in the Corporate Services Sector. The Division administers the Access to Information Act and is led by a director who acts as the ATIP Coordinator for the Department. Three units carry out the Division’s work: Operations and Fast Track; Complex Cases and Issues; and Policy, Training and Projects. Each unit’s manager reports to the director.

The ATIP Division receives, coordinates and processes requests for information under the Access to Information Act, providing high-quality and timely service to requesters. The Division also coordinates requests made under the Mutual Legal Assistance Treaty.

CIC maintains a network of 33 ATIP liaison officers who represent the branches and regions of the Department. The ATIP liaison officers provide assistance by searching, collecting records and presenting recommendations in relation to requests.

Activities and Accomplishments

I. Performance

For another consecutive year, CIC received more Access to Information (ATI) requests than any other federal institution. A total of 29,281 ATI requests were received in the 2013–2014 fiscal year, which represents an increase of 17 percent from the previous year and breaks another record in ATIP’s history. Although faced with a significant increase in volume, the Department processed 27,407 requests and maintained a high compliance rate of 86.23 percent.

II. Leadership

In the ATIP field, CIC is recognized as a pioneer. As part of the Open Government initiative, CIC was the lead department in the development of an ATIP Online Request tool for ATI and Privacy requests. The ATIP Online Request was launched on April 9, 2013, with three partner departments: CIC, Treasury Board of Canada Secretariat (TBS) and Shared Services Canada. Throughout the fiscal year, an additional 11 institutions joined the online portal. It is anticipated that a total of 30 institutions will be part of the Open Government initiative in 2014–2015.

Not only did the online portal improve CIC’s work efficiency in processing ATI requests, it helped the Division move to an almost entirely paperless environment. This initiative also contributed to the modernization of the ATIP service to the public, which is a key commitment of the Open Information pillar of Canada’s Action Plan on Open Government.

These best practices in improving and modernizing ATIP operations will continue in 2014–2015 and beyond.

III. Promotion, Awareness and Training

During the fiscal year, the ATIP Division offered a series of training and awareness sessions (in class and online) to over 500 CIC employees across Canada and abroad. This includes specialized in class training sessions to reinforce the importance of reporting privacy breaches as well as employees’ role as public servants to protect an individual’s privacy.

In addition, as part of ATIP’s mandate, the Division continued to promote ATIP awareness through a tutorial video and to maintain up to date ATIP-related information onto CIC’s internal website.

IV. Policies, Guidelines and Procedures

During the 2013–2014 reporting period, the ATIP Division continued to improve internal processes and procedures to streamline its operations. To meet the ever-increasing volume of requests, the Division reviewed and improved its workflow to ensure a high compliance rate.

In addition, the Division continues to demonstrate its commitment to assist CIC in meeting its legislative requirements by providing timely and professional internal service for policy advice and guidance. The Division also ensures that the service standards are reviewed and updated regularly to reflect new circumstances.

V. Horizontal and Collaborative Engagement

In response to Canada’s Open Government strategy, CIC maintained its commitment to horizontal and collaborative engagement to share and disseminate advice and ideas as well as best practices. In 2013–2014, as a leader in the ATIP field, CIC continued to participate in several initiatives to improve and modernize the administration of ATIP across the federal government.

Highlights include the following:

• Interdepartmental ATIP Online Request tool;
• Passport Canada’s transition from the DFATD to a co-managed program between CIC and Employment and Social Development Canada (ESDC)/Service Canada;
• Information sharing agreements; and
• Online summaries of completed ATI requests.

Through formal and informal consultations, CIC continued to collaborate and share best practices with various organizations, such as the Canada Border Services Agency, the Canada Revenue Agency, the Canadian Security Intelligence Service, the DFATD, Public Works and Government Services Canada, ESDC and the TBS.

VI. Passport Transition

Effective July 2, 2013, the primary responsibility for the Passport program was transferred to CIC. A Passport Transition Memorandum of Understanding (MOU) was developed and signed between ESDC and CIC.

In relation to ATIP, during the transition period, the Passport program continued to use separate ATIP request tracking and processing systems. This was done to ensure consistency throughout the transition. As of 2014–2015, all Passport program requests will be processed through regular CIC ATIP channels. Since CIC and Passport program used separate processing systems of ATIP requests, two statistical overview reports are provided.

VII. Human Resources

CIC continues to invest in the federal government’s ATIP community by developing the required knowledge and expertise to meet the growing demand. To help build its capacity, CIC continues to provide ongoing training for employees to acquire additional knowledge in the ATIP field and hires full-time students through the Federal Student Work Experience Program.

VII. External Views

Treasury Board Secretariat Management Accountability Framework Assessment Extracts Related to Access to Information

CIC was not evaluated by the TBS on the “Effectiveness of Information Management” stream for 2013–2014 as a part of the Management Accountability Framework assessment.

CIC’s Statistical Overview

I. Requests Received Under the Access to Information Act

CIC continues to be the most accessed federal institution, receiving an unprecedented 29,281 requests under the Access to Information Act between April 1, 2013, and March 31, 2014. This total represents an increase of nearly 17 percent from the previous reporting period. The number of requests received by the Department has more than doubled in the past seven years. As noted above, CIC is addressing the increase in volume by continuing to improve efficiencies in order to respond to requests within the legislative time frame.

The majority of ATI requests CIC received were for personal information files.

In 2013–2014, CIC reviewed over 1,241,427 pages, representing an overall decrease of 16 percent since last fiscal year. The Department’s increased use of a single electronic system for the processing of immigration and citizenship cases has allowed for the centralization of information within CIC. This system produces a complete and concise report that presents all the information about cases, which resulted in the decrease of pages required to be processed.

II. Sources of Requests

The business sector (primarily made up of immigration consultants and lawyers) is the largest source of requests, accounting for 57 percent of all requests. The general public accounts for 36 percent of requests. The remaining 7 percent consist of media, academia and other organizations.

III. Disposition of Completed Requests

In 2013–2014, CIC completed 27,407 requests. The ATIP Division put in place various measures such as weekly briefing sessions with senior management to monitor the intake of requests and to ensure that requests are processed within the legislative time frame.

In 9,143 cases (33 percent), CIC provided all the information requested. In 15,659 requests (57 percent), the Department invoked exemptions. The remaining 2,605 requests had no records that existed or the request was transferred, abandoned or treated informally.

IV. Exemptions Invoked

The majority of exemptions CIC invoked fell under three sections of the Access to Information Act:

• Subsection 19(1), which protects personal information, was used in 11,057 cases (40 percent);
• Subsection 15(1), which covers international relations, defence and subversive activities, was used in 7,740 cases (28 percent); and
• Subsection 16(1), which addresses law enforcement and criminal investigations, was used in 2,471 cases (9 percent).

It should be noted that more than one section can be applied to a specific request.

V. Consultations

In addition to processing requests received directly under the Access to Information Act, CIC was consulted by other federal government institutions in 204 cases where the records under the control of these institutions related to CIC activities.

VI. Extensions

Section 9 of the Access to Information Act allows an extension of statutory time limits if consultations are necessary or if the request is for a large volume of records and processing it within the original time limit would unreasonably interfere with the operations of the Department.

CIC invoked a total of 1,483 extensions during the 2013–2014 reporting period. Extensions were required in 193 instances when CIC consulted with other federal institutions prior to responding. Extensions were required in 1,273 instances to search through a large volume of records. The Department also invoked 17 extensions to conduct third party notifications.

VII. Completion Time

CIC responded to 18,417 requests (67 percent) within 30 days or less and a further 6,502 requests (24 percent) within 31 to 60 days. The Department completed 1,754 requests (6 percent) within 61 to 120 days and 734 requests (3 percent) required 121 days or more to complete.

VIII. Complaints

During the 2013–2014 reporting period, the Department was notified of 305 complaints received by the Office of the Information Commissioner (OIC), which represents 1 percent of all requests completed during this period. The majority of complaints were related to processing times and extensions.

During the reporting period, 148 complaint investigations were completed. Of these, 21 were abandoned, discontinued or deemed to be unfounded, and the remaining 127 complaints were resolved to the satisfaction of the requester.

IX. Appeals to the Federal Court

One appeal to the Federal Court was filed against CIC regarding the Access to Information Act during the 2013–2014 reporting period. A decision has yet to be rendered.

Passport Program Statistical Overview

I. Requests Received Under the Access to Information Act

Between April 1, 2013, and March 31, 2014, the Passport program received 46 requests under the Access to Information Act, which is a 34 percent decrease from the previous reporting period.

II. Sources of Requests

The public sector is the largest source of requests, accounting for 67 percent of all requests

III. Disposition of Completed Requests

In 2013–2014, the Passport program completed 49 requests. In 12 cases (24 percent), all the information requested was released. In 21 cases (43 percent), exemptions were invoked. The remaining 16 cases had no records that existed or the request was transferred, abandoned or treated informally.

The Passport program reviewed 8,155 pages, representing an overall decrease of three percent since last fiscal year.

IV. Exemptions and Exclusions Invoked

The majority of exemptions that the Passport program invoked fall under four sections of the Access to Information Act:

• Subsection 19(1) [personal information] was used in 12 cases (24 percent);
• Section 23 [solicitor-client privilege] was used in 4 cases (8 percent);
• Section 22 [testing procedures, tests and audits] was used in 2 cases (4 percent); and
• Subsection 16(1), which addresses law enforcement and criminal investigation, was used in 7 cases (14 percent).

The Passport program did not apply any exclusion during the reporting period.

V. Extensions

During the reporting period, the Passport program invoked one extension under paragraph 9(1)(a) and seven extensions under paragraph 9(1)(b). One extension was for 30 days or less, five were for between 31 and 60 days, and one was for between 121 and 180 days.

VI. Consultations

Between April 1, 2013, and March 31, 2014, the Passport program received 26 Access to Information Act consultation requests from other federal government institutions.

VII. Complaints

During the reporting period, the Passport program was notified of six complaints received by the OIC. Two complaints were deemed to be well founded and four are still under investigation.

Appendix A: CIC’s Report on the Access to Information Act

Statistical Report on the Access to Information Act

Name of institution: Citizenship and Immigration Canada

Reporting period: 01/04/2013 to 31/03/2014

Part 1 – Requests under the Access to Information Act

Part 2 - Requests closed during the reporting period

2.5 Complexity

2.6 Deemed refusals

Part 3 - Extensions

Part 4 – Fees

Part 5 - Consultations received from other institutions and organizations

Part 6 – Completion time of consultations on Cabinet confidences

Part 7 - Resources related to the Access to Information Act

Appendix B: Passport Program Report on the Access to Information Act

Statistical Report on the Access to Information Act

Name of institution: Passport Canada

Reporting period: 01/04/2013 to 31/03/2014

Part 1 – Requests under the Access to Information Act

Part 2 - Requests closed during the reporting period

2.5 Complexity

2.6 Deemed refusals

Part 3 – Extensions

Part 4 – Fees

Part 5 – Consultations received from other institutions and organizations

Part 6 – Completion time of consultations on Cabinet confidences

Part 7 - Resources related to the Access to Information Act

Appendix C: Delegation Order

Delegation of Authority under the Access to Information Act and the Access to Information Regulations

Legend

DM

Deputy Minister

ADMCS/DGCA

ADM, Corporate Services / Director General, Corporate Affairs

ATIP/DIR

Director, Access to Information and Privacy (EX-01)

ATIP/MCCI

Manager, Complex Cases and Issues, ATIP (PM-06)

ATIP/MPM05/
SUPPM04

Managers, Operations and Fast Track, ATIP (PM-05) / Supervisor, Fast Track (PM-04)

ATIP/PM05

Senior ATIP Administrators, ATIP (PM-05)

ATIP/PM04

ATIP Administrators, ATIP (PM-04)

ATIP/PM03

ATIP Officers, ATIP (PM-03)

Part Two: Privacy Act

Introduction

Citizenship and Immigration Canada (CIC) is pleased to present to Parliament its 20th annual report on the administration of the Privacy Act for the fiscal year commencing April 1, 2013, and ending March 31, 2014.

The purpose of the Privacy Act is to provide a right of access to information in records under the control of a government institution. The Act maintains that government information should be available to the public that necessary exceptions to the right of access should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government.

Section 72 of the Act requires the head of every federal government institution to submit an annual report to Parliament on the administration of the Act during the fiscal year. This report outlines CIC’s accomplishments in carrying out its privacy responsibilities and obligations during the 2013–2014 reporting period.

About Citizenship and Immigration Canada

CIC was created in 1994 to link citizenship registration and immigration services, to promote the unique ideals all Canadians share and to help build a stronger Canada. In November 2008, the Department’s portfolio was expanded to include multiculturalism. In addition, effective July 2, 2013, primary responsibility for the Passport program and the administration of the Canadian Passport Order and the Order Respecting the Issuance of Diplomatic and Special Passports were transferred from the Department of Foreign Affairs, Trade and Development (DFATD) to CIC.

Canada has a proud tradition of welcoming immigrants. Our immigration and refugee systems and our vast network of organizations that help newcomers settle and integrate are among the best in the world. This tradition is enhanced by the value we place on multiculturalism, which is fundamental to our belief that all citizens are equal. Multiculturalism aims to ensure that all citizens, regardless of their ethnocultural community, have equal opportunities and feel they belong in Canada. Through multiculturalism, new Canadians are encouraged to integrate into Canadian society and to take an active part in its social, cultural, economic and political affairs.

CIC’s mandate comes from the shared jurisdiction of section 95 of the Constitution Act, 1867, the Citizenship Act, the Immigration and Refugee Protection Act (IRPA), the Canadian Multiculturalism Act, the Canadian Passport Order and the Order Respecting the Issuance of Diplomatic and Special Passports.

CIC’s work encompasses a broad range of activities, including:

• facilitating the arrival of people and their integration into Canadian life in a way that maximizes their contribution to the country while protecting the health, safety and security of Canadians;
• maintaining Canada’s humanitarian tradition by protecting refugees and other people in need of protection;
• enhancing the values and promoting the rights and responsibilities of Canadian citizenship;
• administering the Canadian Passport Order;
• reaching out to all Canadians, and fostering increased intercultural understanding and an integrated society with equal opportunity for all regardless of race, ethnicity and religion; and
• advancing global migration policies in a way that supports Canada’s immigration and humanitarian objectives.

Access to Information and Privacy Division

CIC is stepping up the pace of modernizing the way it works in continuing to streamline its programs and operations. In 2012–2013, as part of the restructuring of CIC’s presence across the country, CIC centralized the processing of Privacy requests, including requests from investigative bodies at National Headquarters in Ottawa. This restructuring resulted in improving service to the public. Privacy requests will be processed more quickly and more consistently. The Division also coordinates requests made under the Mutual Legal Assistance Treaty.

The ATIP Division is part of the Corporate Affairs Branch in the Corporate Services Sector. The Division administers the Privacy Act and is led by a director who acts as the ATIP Coordinator for the Department. Three units carry out the Division’s work: Operations and Fast Track; Complex Cases and Issues; Fast Track; and Policy, Training and Projects. Each unit’s manager reports to the director.

CIC maintains a network of 33 ATIP coordinators who represent the branches and regions of the Department. The ATIP coordinators provide assistance by searching, collecting records and presenting recommendations in relation to requests.

Activities and Accomplishments

I. Performance

In the 2013–2014 fiscal year, CIC received 9,961 privacy requests: a 94 percent increase from the previous reporting period.

In the ATIP field, CIC is recognized as a pioneer. As part of the Open Government initiative, CIC was the lead department in the development of an ATIP Online Request tool for ATI and Privacy requests. The ATIP Online Request was launched on April 9, 2013, with three partner departments: CIC, Treasury Board of Canada Secretariat (TBS) and Shared Services Canada. Throughout the fiscal year, an additional 11 institutions joined the online portal. It is anticipated that a total of 30 institutions will be part of the Open Government initiative in 2014–2015.

Not only did the online portal improve CIC’s efficiency in processing access to information (ATI) requests, it helped the Division move to an almost entirely paperless environment. This initiative also contributed to the modernization of the ATIP service to the public, which is a key commitment of the Open Information pillar of Canada’s Action Plan on Open Government.

These best practices in improving and modernizing ATIP operations will continue in 2014–2015 and beyond.

II. Promotion, Awareness and Training

During the fiscal year, the ATIP Division offered a series of training and awareness sessions (in class and online) to over 500 CIC employees across Canada and abroad. This includes specialized in class training sessions to reinforce the importance of reporting privacy breaches as well as employees’ role as public servants to protect an individual’s privacy.

In addition, as part of ATIP’s mandate, the Division continued to promote ATIP awareness through a tutorial video and to maintain up to date ATIP-related information onto CIC’s internal website.

III. Policies, Guidelines and Procedures

During the 2013–2014 reporting period, the ATIP Division continued to improve internal processes and procedures to streamline its operations. To meet the ever-increasing volume of requests, the Division reviewed and improved its workflow to ensure a high compliance rate.

A more comprehensive handbook regarding the roles and responsibilities in reporting privacy breaches was developed and implemented throughout CIC. This new tool has improved the reporting of privacy breaches to the Department and respects the guidelines set forth by TBS and the Office of the Privacy Commissioner (OPC).

In addition, the Division continues to demonstrate its commitment to assist CIC in meeting its legislative requirements by providing timely and professional internal service for policy advice and guidance. The Division also ensures that the service standards are reviewed and updated regularly to reflect new circumstances.

IV. Horizontal and Collaborative Engagement

In response to Canada’s Open Government strategy, CIC maintained its commitment to horizontal and collaborative engagement to share and disseminate advice and ideas as well as best practices. In 2013–2014, as a leader in the ATIP field, CIC continued to participate in several initiatives to improve and modernize the administration of ATIP across the federal government.

Highlights include the following:

• Interdepartmental ATIP Online Request tool;
• Passport Canada’s transition from DFATD to co-managed program between CIC and Employment and Social Development Canada (ESDC)/Service Canada;
• Information sharing agreements; and
• Online summaries of completed ATI requests.

Through formal and informal consultations, CIC continued to collaborate and share best practices with various organizations, such as the Canada Border Services Agency (CBSA), the Canada Revenue Agency, the Canadian Security Intelligence Service, DFATD, Public Works and Government Services Canada, ESDC and the TBS.

V. Passport Transition

Effective July 2, 2013, the primary responsibility for the Passport program was transferred to CIC. A Passport Transition Memorandum of Understanding (MOU) was developed and signed between ESDC and CIC.

In relation to ATIP, during the transition period, the Passport program continued to use separate ATIP request tracking and processing systems. This was done to ensure consistency throughout the transition. As of 2014–2015, all Passport program requests will be processed through regular CIC ATIP channels. Since CIC and the Passport program used separate processing systems for ATIP requests, two statistical overview reports are provided.

VI. Human Resources

CIC continues to invest in the federal government’s ATIP community by developing the required knowledge and expertise to meet growing demand. To help build its capacity, CIC continues to provide ongoing training for employees to acquire additional knowledge in the ATIP field and hires full-time students through the Federal Student Work Experience Program.

VII. External Views

Treasury Board Secretariat Management Accountability Framework Assessment Extracts Related to Access to Information

As part of the Management Accountability Framework assessment, CIC was not evaluated by the TBS on the “Effectiveness of Information Management” stream for 2012-2013.

CIC’s Statistical Overview

I. Requests Received Under the Privacy Act

Between April 1, 2013, and March 31, 2014, CIC received 9,961 requests under the Privacy Act. This represents an increase of 95 percent from the previous reporting period.

II. Disposition of Completed Requests

In 2013–2014, CIC completed 9,225 requests. The ATIP Division put in place various measures such as weekly briefing sessions with senior management to monitor the intake of requests and to ensure that requests are processed within the legislative time frame.

In 2,009 cases (22 percent), CIC provided all the information requested. For 5,832 requests (63 percent), the Department invoked exemptions. The remaining 1,384 requests had no records that existed or the request was transferred, abandoned or treated informally.

III. Exemptions Invoked

The majority of exemptions CIC invoked fell under three sections of the Privacy Act:

• Section 26, which protects personal information, was used in 3,873 cases (42 percent);
• Section 21, which covers international relations, defence and subversive activities, was used in 3,724 cases (40 percent); and
• Paragraph 22(1)(b), which addresses law enforcement and criminal investigations, was used in 758 cases (8 percent).

It should be noted that more than one section can be applied to a specific request.

IV. Disclosure of Personal Information Under Subsection 8(2)

In accordance with subsection 8(2) of the Privacy Act, under certain circumstances, a governmental institution may disclose personal information under its control without the consent of the individual to whom the information relates.

During this reporting period, CIC disclosed personal information under subsection 8(2) in responding to 1,220 requests from investigative bodies under paragraph 8(2)(e). CIC also disclosed information under paragraphs 8(2)(a), (b), (c), (d) and (f). No disclosures were made under paragraphs 8(2)(g), (h), (i), (k), (l) and (m).

V. Consultations

In addition to processing requests received directly under the Privacy Act, CIC was consulted by other federal government institutions in 42 cases where the records under their control related to CIC activities.

VI. Extensions

Section 15 of the Privacy Act allows an extension of the statutory time limits if consultations are necessary, if translation is required or if the request is for a large volume of records and processing it within the original time limit would unreasonably interfere with the operations of the Department.

CIC invoked a total of 234 extensions during the 2013–2014 reporting period. Of these, 33 were deemed necessary so that CIC could consult with other federal institutions prior to responding. Extensions were required in a further 201 instances to search for or through a large volume of records. The Department did not invoke any extensions for translation purposes.

VII. Completion Time

CIC responded to 5,774 requests (63 percent) within 30 days or less and a further 2,721 requests (29 percent) within 31 to 60 days. The Department completed 388 requests (4 percent) within 61 to 120 days and 342 requests (4 percent) required 121 days or more to complete.

VIII. Complaints

During the 2013–2014 reporting period, the Department was notified of 39 privacy complaints received by the OPC. This represents less than half a percent of all requests completed during this period. The majority of complaints were related to processing times.

During the reporting period, 27 complaint investigations were completed. Of these, 16 were deemed not well founded or discontinued, while 11 were resolved to the satisfaction of the requester.

IX. Appeals to the Federal Court

No appeals to the Federal Court were filed against CIC regarding Privacy Act complaints during the 2013–2014 reporting period.

X. Privacy Impact Assessments

To fulfil its mandate and effectively deliver its programs and services, CIC collects, uses and discloses personal information. In accordance with the TBS policy, the Department regularly undertakes Privacy Impact Assessments (PIAs) to determine whether privacy risks are present in new or existing departmental programs, initiatives or projects that collect and retain personal information.

During the 2013 fiscal year, CIC initiated 25 PIAs and checklists. Among them, three PIAs were completed and their executive summaries are provided below. (PIA report summaries for CIC can be found on Canada.ca.)

Global Visa Application Centre Network: Phase Two

Since 2000, Visa Application Centres (VACs) have helped Visa Offices (VOs) provide administrative support for visa and immigration applications across the globe. Prior to 2013, CIC had 60 VACs located in 41 countries in which most of the agreements in place were locally managed through service agreements with corresponding VOs.

The PIA report is the second and final PIA conducted on CIC’s Global VAC Network and is an update based on CIC’s assessment of the Privacy Management Plans provided by the two winning contractors, including country-specific analyses and the risk mitigations previously implemented. Both PIA reports assess the privacy impact of using VACs for the temporary resident (TR) line of business. While there was no high-level privacy risks identified relating to the global VAC network, there are a limited number of medium-to-low level risks associated with the privacy principles of Safeguards, Accuracy and Retention. The PIA further describes the various mitigation mechanisms as a result of these risks and describes the various privacy and security requirements built into the Global VAC Request for Proposal.

Information Sharing with PopData BC

CIC and Population Data (PopData) BC have agreed on a framework that allows disclosure of CIC data for the purpose of facilitating CIC-authorized immigrant health research projects with individual researchers who apply to access data held at PopData.

CIC will disclose personal information from the permanent residents database for the period from 1985 to the present, along with annual updates, to PopData. PopData will link British Columbia’s provincial personal information with the permanent residents personal information data provided by CIC to create linked de-identified research extracts that can be made available to researchers working on CIC-authorized and approved projects.

Any researchers requesting CIC data must be vetted and approved by CIC. Approved research projects will be documented in a Research Undertaking Arrangement between CIC and the researcher and forwarded to Population Data BC to authorize data provision to the researcher. The Research Undertaking Arrangement between CIC and the researcher will clearly state that the researcher is not permitted to manipulate the data in such a way that would cause the re-personalization or re-identification of the data.

U.S. Service Channel Agreement

The PIA report is a PIA for CIC’s Temporary Resident Biometrics Project (TRBP) concerning the U.S. Service Channel Arrangement. The PIA should be read in conjunction with the Interdepartmental TRBP PIA published in November 2012 as it provides a broader privacy risk analysis of the TRBP. The objective of this PIA is to identify and assess the privacy risks associated with the U.S. Service Channel Arrangement.

The TRBP includes the electronic collection of biometric information from certain TR applicants abroad for the purpose of enhancing applicant screening, the individual’s identity at the time of the application and allowing verification of that identity when the individual seeks entry at the border. CIC and the CBSA will work together to use the new biometric identification tools to manage the movement of foreign nationals across and within Canada’s borders in accordance with IRPA and the Immigration and Refugee Protection Regulations, while the Royal Canadian Mounted Police will provide support in the verification and storing of fingerprints and related biographical information.

As part of this new requirement, CIC reached out to its international partner and ally—the (U.S.)—to determine whether it can leverage its existing processes to capture and transmit biometric and related biographical information from certain CIC applicants physically located in the U.S. CIC entered into a MOU with the U.S. Citizenship and Immigration Services (USCIS) in September 2012 to capture and transmit biometric and related biographical information from CIC TR applicants physically located in the U.S.

The PIA identifies a limited number of medium-to-low level risks associated with the principles of Accountability, Limiting Use, Disclosure and Retention, and Challenging Compliance. It further describes the various mitigation mechanisms as a result of these risks and describes the various privacy and security requirements built into the U.S. Service Channel Arrangement Memorandum of Understanding signed by CIC and USCIS.

Passport Program Statistical Overview

I. Requests Received Under the Privacy Act

Between April 1, 2013, and March 31, 2014, the Passport program received 365 requests under the Privacy Act, which is a 12 percent decrease from the previous reporting period.

II. Disposition of Completed Requests

In 2013–2014, the Passport program completed 370 requests. In 36 cases (10 percent), the Passport program provided all the information requested. In 218 cases (90 percent), the Department invoked exemptions.

III. Exemptions and Exclusions

The exemption most commonly used by the Passport program during the reporting period was section 26, which protects personal information about another individual under the Privacy Act. This exemption was invoked in 215 requests.

The Passport program did not apply any exclusions during the reporting period.

IV. Disclosure of Personal Information under Subsection 8(2)

In accordance with subsection 8(2) of the Privacy Act, under certain circumstances, a governmental institution may disclose personal information under its control without the consent of the individual to whom the information relates.

During this reporting period, the Passport program disclosed personal information under subsection 8(2) in responding to 1,368 requests from investigative bodies under paragraph 8(2)(e).

In addition, under paragraph 8(2)(m) of the Privacy Act, 25 requests were received with 20 resulting in the disclosure of personal information:

• Fifteen requests were received from the Public Health Agency of Canada (PHAC). The Agency requested contact information (such as address, phone number or any other method of contact) of passengers on commercial aircraft who were sitting in close proximity to a person with a communicable disease for longer than eight hours. The information released by the Passport program was limited to name and contact information. In all cases, the OPC was notified of the release at the same time as the disclosure to PHAC due to the urgency of the requests.
• An additional five remaining requests pursuant to subparagraph 8(2)(m)(ii) were related to health emergencies of the individuals or to police services requesting information on missing persons or Canadians in need of assistance in a foreign country. The OPC was notified at the same time.
• The remaining five requests were either abandoned by the requestors or not disclosed as it did not meet the criteria of paragraph 8(2)(m).

V. Extensions

During the reporting period, the Passport program claimed 14 extensions under subparagraph 15(a) (ii), all between 16 and 30 days.

VI. Consultations Received from Other Institutions

When a request contains records that are of greater interest to another institution, the ATIP coordinator for that institution is consulted. Between April 1, 2013, and March 31, 2014, the Passport program received nine Privacy Act consultation requests from other federal government institutions.

VII. Complaints

During the reporting period, the Passport program was notified of one complaint received by the OPC. The applicant alleged that exemptions were used as a basis for refusing access to records.

The complaint is still under investigation.

VIII. Privacy Impact Assessments

There were no PIAs completed by the Passport program in 2013–2014.

Appendix A: Report on the Privacy Act

Statistical Report on the Privacy Act

Name of institution: Citizenship and Immigration Canada

Reporting period: 01/04/2013 to 31/03/2014

Part 1 – Requests under the Privacy Act

Part 2 – Requests closed during the reporting period

2.5 Complexity

2.6 Deemed refusals

Part 3 – Disclosures under subsection 8(2)

Part 4 – Requests for correction of personal information and notations

Part 5 – Extensions

Part 6 – Consultations received from other institutions and organizations

Part 7 – Completion time of consultations on Cabinet confidences

Part 8 – Resources related to the Privacy Act

Appendix B: Passport Program Report on the Privacy Act

Statistical Report on the Privacy Act

Part 2 - Requests closed during the reporting period

2.5 Complexity

2.6 Deemed refusals

Part 3 – Disclosures under subsection 8(2)

Part 4 – Requests for correction of personal information and notations

Part 5 – Extensions

Part 6 – Consultations received from other institutions and organizations

Part 7 – Completion time of consultations on Cabinet confidences

Part 8 – Resources related to the Access to Information Act

Appendix C: Delegation Order

Delegation of Authority under the Privacy Act and the Privacy Regulations

Legend

DM

Deputy Minister

ADMCS/DGCA

ADM, Corporate Services / Director General, Corporate Affairs

ATIP/DIR

Director, Access to Information and Privacy (EX-01)

ATIP/MCCI

Manager, Complex Cases and Issues, ATIP (PM-06)

ATIP/MPM05/
SUPPM04

Managers, Operations and Fast Track, ATIP (PM-05) / Supervisor, Fast Track (PM-04)

ATIP/PM05

Senior ATIP Administrators, ATIP (PM-05)

ATIP/PM04

ATIP Administrators, ATIP (PM-04)

ATIP/PM03

ATIP Officers, ATIP (PM-03)