2023-2024 Annual Report on the Privacy Act

On this page

• 1. Introduction
• 2. Organizational Structure
• 3. Delegation Order
• 4. Performance 2023-2024
• 5. Training and Awareness
• 6. Policies, Guidelines and Procedures
• 7. Initiatives and Projects to Improve Privacy
• 8. Summary of Key Issues and Actions Taken on Complaints
• 9. Material Privacy Breaches
• 10. Privacy Impact Assessments
• 11. Public Interest Disclosures
• 12. Monitoring Compliance
• Annex A — Privacy Act Statistical Form

1. Introduction

The Privacy Act gives Canadians the right to access personal information held by the government and protection of that information against unauthorized use and disclosure. Ministers and heads of agencies are responsible for ensuring that their organizations comply with privacy legislation. This report is prepared and tabled in Parliament in accordance with section 72 of the Privacy Act. It presents an overview of the Privacy Act activities carried out within the Committee during the reporting period of April 1, 2023, to March 31, 2024.

During the reporting period of April 1, 2023, to March 31, 2024, the Committee received eight (8) requests under the Privacy Act.

The Military Grievances External Review Committee (the Committee) is an independent administrative tribunal reporting to Parliament through the Minister of National Defence. It reviews all military grievances referred to it by the Chief of the Defence Staff (CDS), as stipulated at section 29.12 of the National Defence Act (NDA) and article 7.21 of the Queen’s Regulations and Orders for the Canadian Forces.

Section 29 of the NDA provides a statutory right for an officer or a non-commissioned member to grieve a decision, an act or an omission in the administration of the affairs of the Canadian Armed Forces (CAF). Since beginning operations in 2000, the Committee has acted as the external and independent component of the CAF grievance process. It also has the statutory obligation to deal with all matters as informally and expeditiously as the circumstances permit.

Following its review of referred military grievances, the Committee provides its findings and recommendations (F&R) reports to the CDS and the grievor. The CDS is the final decision-maker and is not bound by the Committee’s F&Rs. In any case where the Committee’s F&Rs are not accepted, the CDS must provide the reasoning in writing.

2. Organizational Structure

The Access to Information and Privacy (ATIP) Office is part of the Strategic Planning, Performance Measurement and Communications Services division. The division is made up of four employees, two of which dedicate an average 5% of their time to fulfill the Committee’s obligations under both the Access to Information Act and the Privacy Act.

The ATIP Coordinator; the Director General of Corporate Services and Chief Financial Officer; and the Director General of Operations and General Counsel have delegated authority to oversee the administration of the Access to Information Act and the Privacy Act within the Committee and to ensure compliance with the legislation.

A description of the classes of institutional records held by the Committee is available online can be accessed online at Info Source – Sources of Federal Government and Employee Information. The Committee does not have any exempt banks.

In accordance with the Privacy Act, members of the public may examine publications and other public documents governing the administration and operation of the Committee at:

Military Grievances External Review Committee
60 Queen Street, 9^th Floor
Ottawa, Ontario K1P 5Y7

The Committee uses the ATIP Online Request Service, designed and maintained by the Treasury Board of Canada, to process formal Personal Information requests.

3. Delegation Order

PRIVACY ACT

The Chairperson and Chief Executive Officer of the Military Grievances External Review Committee, pursuant to subsection 73(1) of the Privacy Act, delegates the persons holding the positions set out in the attached schedule, including persons designated to act in their absence, to exercise the powers, duties and functions of the Chairperson as the head of the Military Grievances External Review Committee, under the provisions of the Act and related Regulations set out in the attached schedule opposite each position.

This delegation replaces all previous designations.

Original signed by

Kelly Walsh
Chairperson and Chief Executive Officer
Ottawa, Canada
June 6, 2024

Schedule B
Military Grievances External Review Committee
Delegation of powers, duties and functions delegated pursuant to subsection 73(1) of the Privacy Act

Section	Description	Director General, Corporate Services	Director General, Operations and General Counsel	ATIP Coordinator
8(2)	Generally disclose personal information on the basis of the requirements in subsection 8(2)	X	X
8(2)(e)	Disclose personal information on the written request of an investigative body	X	X
8(2)(j)	Disclose personal information for research or statistical purposes	X	X
8(2)(m)	Disclose personal information in the public interest or in the interest of the individual	X	X
8(4)	Retain copy of 8(2)(e) requests and disclosed records			X
8(5)	Notify Privacy Commissioner in writing of disclosures under paragraph 8(2)(m)	X	X
9(1)	Retain record of use			X
9(4)	Notify the Privacy Commissioner of consistent use of personal information and update index accordingly	X	X	X
10	Include personal information in personal information banks	X	X	X
14	Respond to request for access within 30 days; give access or give notice	X		X
15	Extend time limit for responding to request for access	X		X
16	Issue notice where access is refused	X	X	X
17(2)(b)	Decide whether to translate requested information	X		X
17(3)(b)	Decide whether to give access in an alternative format	X		X
18(2)	May refuse to disclose information contained in exempt bank	X	X
19(1)	Shall refuse to disclose information obtained in confidence of another government	X	X
19(2)	May disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information public	X	X
20	May refuse to disclose information if injurious to the conduct of Federal-Provincial affairs	X	X
21	May refuse to disclose if injurious to international affairs and defence or preventing or suppressing subversive or hostile activities	X	X
22	May refuse to disclose information prepared by an investigative body, information injurious to the enforcement of a law, or information injurious to the security of penal institutions	X	X
23	May refuse to disclose information prepared by an investigative body for security clearances	X	X
24	May refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service, or the National Parole Board while individual was under sentence if conditions in section are met	X	X
25	May refuse to disclose information which could reasonably threaten the safety of individuals	X	X
26	May refuse to disclose information about another individual, and shall refuse to disclose such information where disclosure is prohibited under section 8	X	X
27	May refuse to disclose information subject to solicitor-client privilege	X	X	X
28	May refuse to disclose information relating to the individual's physical or mental health where disclosure contrary to the best interest of the individual	X	X
31	Receive notice of investigation by the Privacy Commissioner	X	X
33(2)	Right to make representations to Privacy Commissioner in the course of investigation	X	X
35(1)	Receive Privacy Commissioner's report of findings and recommendations and give notice of action taken	X	X
35(4)	Give complainant access to information after 35(1)(b)	X	X
36(3)	Receive Privacy Commissioner's report on findings and recommendations concerning the review of exempt information banks and, if appropriate, give notice to the Commissioner	X	X
37(3)	Receive report of Privacy Commissioner's findings after compliance investigation	X	X
51(2)(b)	Request that Section 51 hearing be held in the National Capital Region	X	X
51(3)	Request and be given right to make representations ex parte in Section 51 hearings	X	X
69	Deny information that is excluded in the Act	X	X	X
72(1)	Prepare Annual Report to Parliament			X
73(1)	The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution.	X		X
73.2	The personal information that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 73.1(1) is not under the control of that other institution.	X		X
77	Responsibilities conferred on the head of the institution by the Regulations made under section 77 which are not included in the above	X	X	X

4. Performance 2023-2024

During the reporting period of April 1, 2023, to March 31, 2024, the Committee received eight requests under the Privacy Act. These were all responded to within the legislated timelines, completed within one to 30 days. The number of requests received under the Privacy Act from April 1, 2023 to March 31, 2024 is lower than the previous reporting period (10 request in 2022-2023). No requests were carried forward from 2022-2023. During 2023-2024, the Committee received two consultation requests from one Government of Canada organization.

Please see Annex A for the Privacy Act Statistical Form.

5. Training and Awareness

The two ATIP Office employees continued to participate in ATIP-related courses offered by the Canada School of the Public Service and attend Treasury Board Secretariat info-blitz sessions during the reporting period. However, no awareness activities were provided within the organization during the reporting period.

6. Policies, Guidelines and Procedures

During the reporting period, the Committee did not implement any new institution-specific policies, guidelines, procedures, or initiatives related to privacy.

7. Initiatives and Projects to Improve Privacy

During fiscal 2023-2024, the Committee engaged a consultant to conduct a privacy impact assessment across the entire organization. While the assessment was conducted, the results, recommendations and implementation will take place in fiscal 2024-25.

8. Summary of Key Issues and Actions Taken on Complaints

No complaints were received or conducted during the reporting period.

9. Material Privacy Breaches

During this reporting period, the Committee incurred two material privacy breaches. Both involved the sharing of personal information and both were mitigated immediately, with insignificant impact on the individual parties. Reports were submitted to the Office of the Privacy Commissioner and Treasury Board Secretariat, as required.

10. Privacy Impact Assessments

During this reporting period, the Committee engaged a consultant to conduct a privacy impact assessment across the entire organization. While the assessment was conducted, the results, recommendations and implementation will take place in fiscal 2024-25.

11. Public Interest Disclosures

Paragraph 8(2)(m) of the Privacy Act allows the disclosure of personal information when the public interest clearly outweighs any invasion of privacy that could result from the disclosure or when the disclosure would benefit the individual to whom the information relates. There were no disclosures pursuant to paragraph 8(2)(m) for the 2023-2024 period.

12. Monitoring Compliance

Monitoring the time required to process requests under both Acts (Access to Information Act and Privacy Act) is done with the help of an internal excel spreadsheet that keeps track of all requests and deadlines. The ATIP Office reports delays on its activities to the Director General of Corporate Services and Chief Financial Officer. The Committee does limit inter-institutional consultation to only when required for the proper exercise of discretion, which is decided by the ATIP Coordinator. When the institution reviews frequently requested types of information, it does assess the feasibility of making that information available by other means, such as our website. In this case, the Director General of Corporate Services and Chief Financial Officer will consult the Deputy Head, as needed, to get their input and approval for making that information available. Lastly, the Committee ensures appropriate privacy protections are included in contracts, agreements and arrangements by ensuring these documents are reviewed by the Director of Finance, Procurement and Administration and Deputy Chief Financial Officer, and as needed, the Director General of Corporate Services and Chief Financial Officer.

Annex A — Privacy Act Statistical Form

Section 1: Requests Under the Privacy Act

1.1 Number of requests received

		Number of Requests
Received during reporting period		8
Outstanding from previous reporting periods		0
• Outstanding from previous reporting period	0
• Outstanding from more than one reporting period	0
Total		8
Closed during reporting period		8
Carried over to next reporting period		0
• Carried over within legislated timeline	0
• Carried over beyond legislated timeline	0

1.2 Channels of requests

Source	Number of Requests
Online	7
E-mail	1
Mail	0
In person	0
Phone	0
Fax	0
Total	8

Section 2: Informal requests

2.1 Number of informal requests

		Number of Requests
Received during reporting period		0
Outstanding from previous reporting periods		0
• Outstanding from previous reporting period	0
• Outstanding from more than one reporting period	0
Total		0
Closed during reporting period		0
Carried over to next reporting period		0

2.2 Channels of informal requests

Source	Number of Requests
Online	0
E-mail	0
Mail	0
In person	0
Phone	0
Fax	0
Total	0

2.3 Completion time of informal requests

Completion Time

0 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
0	0	0	0	0	0	0	0

2.4 Pages released informally

Less Than 100 Pages Released		100-500 Pages Released		501-1000 Pages Released		1001-5000 Pages Released		More Than 5000 Pages Released
Number of Requests	Pages Released	Number of Requests	Pages Released	Number of Requests	Pages Released	Number of Requests	Pages Released	Number of Requests	Pages Released
0	0	0	0	0	0	0	0	0	0

Section 3: Requests Closed During the Reporting Period

3.1 Disposition and completion time

Disposition of Requests	Completion Time
	0 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
No records exist	6	1	0	0	0	0	0	7
Request abandoned	1	0	0	0	0	0	0	1
Neither confirmed nor denied	0	0	0	0	0	0	0	0
Total	7	1	0	0	0	0	0	8

3.2 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
22.4	0
23(a)	0
23(b)	0
24(a)	0
24(b)	0
25	0
26	0
27	0
27.1	0
28	0

3.3 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

3.4 Format of information released

Paper	Electronic				Other
	E-record	Data set	Video	Audio
0	0	0	0	0	0

3.5 Complexity

3.5.1 Relevant pages processed and disclosed for paper, e-record and dataset formats by size of requests

Number of Pages Processed	Number of Pages Disclosed	Number of Requests
0	0	1

3.5.2 Relevant pages processed per request disposition for paper, e-record and dataset formats by size of requests

Disposition	Less Than 100 Pages Processed		100-500 Pages Processed		501-1000 Pages Processed		1001-5000 Pages Processed		More Than 5000 Pages Processed
	Number of Requests	Pages Processed	Number of Requests	Pages Processed	Number of Requests	Pages Processed	Number of Requests	Pages Processed	Number of Requests	Pages Processed
All disclosed	0	0	0	0	0	0	0	0	0	0
Disclosed in part	0	0	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	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	1	0	0	0	0	0	0	0	0	0

3.5.3 Relevant minutes processed and disclosed for audio formats

Number of Minutes Processed	Number of Minutes Disclosed	Number of Requests
0	0	0

3.5.4 Relevant minutes processed per request disposition for audio formats by size of requests

Disposition	Less Than 60 Minutes Processed		60-120 Minutes Processed		More than 120 Minutes Processed
	Number of Requests	Minutes Processed	Number of Requests	Minutes Processed	Number of Requests	Minutes Processed
All disclosed	0	0	0	0	0	0
Disclosed in part	0	0	0	0	0	0
All exempted	0	0	0	0	0	0
All excluded	0	0	0	0	0	0
Request abandoned	0	0	0	0	0	0
Neither confirmed nor denied	0	0	0	0	0	0
Total	0	0	0	0	0	0

3.5.5 Relevant minutes processed and disclosed for video formats

Number of Minutes Processed	Number of Minutes Disclosed	Number of Requests
0	0	0

3.5.6 Relevant minutes processed per request disposition for video formats by size of requests

Disposition	Less Than 60 Minutes Processed		60-120 Minutes Processed		More than 120 Minutes Processed
	Number of Requests	Minutes Processed	Number of Requests	Minutes Processed	Number of Requests	Minutes Processed
All disclosed	0	0	0	0	0	0
Disclosed in part	0	0	0	0	0	0
All exempted	0	0	0	0	0	0
All excluded	0	0	0	0	0	0
Request abandoned	0	0	0	0	0	0
Neither confirmed nor denied	0	0	0	0	0	0
Total	0	0	0	0	0	0

3.5.7 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

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines

Number of requests closed within legislated timelines	8
Percentage of requests closed within legislated timelines (%)	100

3.7 Deemed refusals

3.7.1 Reasons for not meeting legislated timelines

Number of requests closed past the legislated timelines	Principal Reason
	Interference with operations/ Workload	External Consultation	Internal Consultation	Other
0	0	0	0	0

3.7.2 Requests closed beyond legislated timelines (including any extension taken)

Number of days past legislated timelines	Number of requests past legislated timeline where no extension was taken	Number of requests past legislated timeline 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

3.8 Requests for translation

Translation Requests	Accepted	Refused	Total
English to French	0	0	0
French to English	0	0	0
Total	0	0	0

Section 4: Disclosures Under Subsections 8(2) and 8(5)

Paragraph 8(2)(e)	Paragraph 8(2)(m)	Subsection 8(5)	Total
0	0	0	0

Section 5: Requests for Correction of Personal Information and Notations

Disposition for Correction Requests Received	Number
Notations attached	0
Requests for correction accepted	0
Total	0

Section 6: Extensions

6.1 Reasons for extensions

	15(a)(i) Interference with operations				15(a)(ii) Consultation			15(b) Translation purposes or conversion
Number of extensions taken	Further review required to determine exemptions	Large volume of pages	Large volume of requests	Documents are difficult to obtain	Cabinet ConfidenceSection (Section 70)	External	Internal
0	0	0	0	0	0	0	0	0

6.2 Length of extensions

	15(a)(i) Interference with operations				15(a)(ii) Consultation			15(b) Translation purposes or conversion
Length of Extensions	Further review required to determine exemptions	Large volume of pages	Large volume of requests	Documents are difficult to obtain	Cabinet ConfidenceSection (Section 70)	External	Internal
1 to 15 days	0	0	0	0	0	0	0	0
16 to 30 days	0	0	0	0	0	0	0	0
31 days or greater	0	0	0	0	0	0	0	0
Total	0	0	0	0	0	0	0	0

Section 7: Consultations Received From Other Institutions and Organizations

7.1 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
Carried over within negotiated timelines	0	0	0	0
Carried over beyond negotiated timelines	0	0	0	0

7.2 Recommendations and completion time for consultations received from other Government of Canada institutions

Recommendation	Number of Days Required to Complete Consultation Requests
	0 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
Disclose entirely	0	0	0	0	0	0	0	0
Disclose in part	0	0	0	0	0	0	0	0
Exempt entirely	0	0	0	0	0	0	0	0
Exclude entirely	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

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

Recommendation	Number of Days Required to Complete Consultation Requests
	0 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
Disclose entirely	0	0	0	0	0	0	0	0
Disclose in part	0	0	0	0	0	0	0	0
Exempt entirely	0	0	0	0	0	0	0	0
Exclude entirely	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

Section 8: Completion Time of Consultations on Cabinet Confidences

8.1 Requests with Legal Services

Number of Days	Fewer Than 100 Pages Processed		100-500 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

8.2 Requests with Privy Council Office

Number of Days	Fewer Than 100 Pages Processed		100‒500 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

Section 9: Complaints and Investigations Notices Received

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

Section 10: Privacy Impact Assessments (PIAs) and Personal Information Banks (PIBs)

10.1 Privacy Impact Assessments

Number of PIAs completed	0
Number of PIAs modified	0

10.2 Institution-specific and Central Personal Information Banks

Personal Information Banks	Active	Created	Terminated	Modified
Institution-specific	0	0	0	0
Central	0	0	0	0
Total	0	0	0	0

Section 11: Privacy Breaches

11.1 Material Privacy Breaches reported

Number of material privacy breaches reported to TBS	2
Number of material privacy breaches reported to OPC	2

11.2 Non-Material Privacy Breaches

Number of non-material privacy breaches	0

Section 12: Resources Related to the Privacy Act

12.1 Allocated Costs

Expenditures		Amount
Salaries		$5,958
Overtime		$0
Goods and Services		$0
• Professional services contracts	$0
• Other	$0
Total		$5,958

12.2 Human Resources

Resources	Person Years Dedicated to Access to Information Activities
Full-time employees	0.030
Part-time and casual employees	0.000
Regional staff	0.000
Consultants and agency personnel	0.000
Students	0.000
Total	0.030
Note: Enter values to three decimal places.