2012-2013 Annual Report on the Administration of the Privacy Act

Introduction

The Privacy Act (hereafter the “Act”) came into force on July 1, 1983. Under subsection 12(1) of the Act, Canadian citizens, permanent residents and individuals present in Canada have the right to access personal information that is under the control of the Government of Canada. This right of access is balanced against the legitimate need to protect sensitive information and to permit effective functioning of government, while promoting transparency and accountability in government institutions.
In addition, the Act protects an individual’s privacy by preventing others from accessing his or her personal information, and manages the collection, retention, use and disclosure of personal information.
Section 72 of the Act requires the head of every government institution to submit an annual report to Parliament on the administration of the Act during the fiscal year. This report describes how the Canadian Security Intelligence Service (CSIS) administered the Act throughout fiscal year 2012-2013.

Overview of the Canadian Security Intelligence Service

In 1984, the Government of Canada passed an Act of Parliament for the creation of a civilian security intelligence service. This legislation not only gave birth to CSIS, it also clarified the differences between security intelligence activities and law-enforcement work, bringing to an end the 120-year interlocking of Canada's security intelligence service with the federal police force. CSIS came into existence on July 16, 1984.
CSIS is at the forefront of Canada's national security establishment and as such, its programs are proactive and pre-emptive. Its role is to investigate threats, analyze information and produce intelligence. CSIS reports to, and advises, the Government of Canada so as to protect the country and its citizens. Key threats include terrorism, espionage, foreign interference, the proliferation of weapons of mass destruction and cyber-threats against critical information systems and infrastructure.
Through its Security Screening Program, CSIS provides advice that prevents non-Canadians who pose security concerns from entering Canada or receiving permanent resident status or citizenship. CSIS also helps prevent individuals of security concern from gaining access to Canadian information, assets, sites or events.

The Access to Information and Privacy Section

The Access to Information and Privacy (ATIP) Section reports to the Assistant Director, Policy and Strategic Partnerships via the Director General, Litigation and Disclosure Branch. The ATIP Section has an establishment of 15 employees to fulfill the Service’s obligations under the Access to Information and Privacy Acts. The CSIS Legal Services Branch provides legal advice as required.
When fully staffed, the ATIP Section is comprised of a Chief ATIP, a Deputy Chief, three unit Heads, nine Analysts and one Officer. All staff in the ATIP Section are fully dedicated to the administration of the ATIP program within CSIS, providing high-quality and timely responses to clients. During this reporting period, 13 positions were filled. One Unit Head position was vacant as was one analyst position.
Listed below are the ATIP Section’s responsibilities vis-à-vis the Privacy Act:

• receive and process all requests in accordance with the Act;
• assist requesters in formulating their requests when required;
• gather all pertinent records, ensuring that the search for information is rigorous and complete;
• conduct the initial record review and provide recommendations to the program areas;
• conduct all internal and external consultations;
• consolidate the recommendations;
• apply all discretionary and mandatory exemptions under the Act;
• assist the Office of the Privacy Commissioner (OPC) in all privacy-related matters, including complaints against the Service;
• represent the Service in privacy-related litigation cases;
• coordinate the annual update of Info Source and submission to Treasury Board Secretariat (TBS);
• prepare the annual report on the administration of the Act;
• provide ongoing advice and guidance to senior management and departmental staff on all matters related to privacy;
• promote privacy awareness and training sessions within the department to ensure all staff are aware of the obligations imposed by the legislation;
• monitor departmental compliance with the Act, regulations and relevant procedures and policies;
• respond to consultations received from external organizations on Service records being considered for release;
• develop and maintain privacy policies and guidelines, as required;
• participate in ATIP community activities, such as the  annual Canadian Access and Privacy Association (CAPA) conference, TBS ATIP community meetings and various working groups;  and
• ensure that all TBS Management Accountability Framework (MAF) expectations for the Privacy Act are met.

Delegation of Authority

In accordance with section 73 of the Privacy Act, a delegation of authority signed by the Minister of Public Safety Canada designates the persons holding the positions of Director of CSIS, the Assistant Director Policy and Strategic Partnerships, the Director General Litigation and Disclosure, the Chief ATIP, the Deputy Chief ATIP and the ATIP Unit Heads to exercise and perform some of the powers, duties and functions of the Minister as head of the institution. The delegation order was issued by the Minister of Public Safety Canada, the Honourable Vic Toews, on September 27, 2011.

Requests Under the Privacy Act

The CSIS privacy client group consists, for the most part, of individuals who were subject to the security clearance process and members of the public interested in knowing if the Service had any information concerning them. During this reporting period:

• 194 requests were received;
• 219 requests were closed;
• 37 requests were outstanding from the previous reporting period; and
• 12 requests were carried over to next reporting period.

The following table outlines the cycle of Privacy Act requests at the CSIS for the last three fiscal years.

Fiscal Year	2012-2013	2011-2012	2010-2011
Received	194	271	398
Closed	219	251	393
Outstanding from previous fiscal year	37	19	14
Requests carried over to the next reporting period	12	37	19

Disposition of Completed Requests

The disposition of the 219 requests completed in 2012-2013 was as follows:

• 3 were all disclosed;
• 46 no records (this category includes requests where no records were found or the Service was unable to confirm or deny the existence of records);
• 35 were exempted in their entirety;
• 0 were excluded in their entirety;
• 48 were disclosed in part; and
• 87 were abandoned.

The following table outlines the disposition of completed Privacy Act requests at the CSIS for the last three fiscal years.

Fiscal Years	2012-2013	2011-2012	2010-2011
All disclosed	3	0	2
Disclosed in part	48	51	89
Excluded	0	0	1
All exempted	35	45	63
No records (unable to confirm or deny the existence)	46	150	226
Abandoned	87	5	11

Completion Rate

During the 2012-2013 fiscal year, the CSIS ATIP Section completed the Privacy Act requests within the following time frames:

• 102 within 1 to 15 days;
• 86 within 16 to 30 days;
• 16 within 31 to 60 days;
• 10 within 61 to 120 days;
• 0 within 121 to 180 days;
• 1 within181 to 365 days; and
• 4 in more than 365 days.        

Exemptions Invoked

The ATIP Section invoked exemptions under the Act a total of 128 times, as follows:

• 4 times under paragraph 19(1)(a) (information obtained in confidence);
• 2 times under paragraph 19(1)(c) (information obtained in confidence);
• 2 times under paragraph 19(1)(d) (information obtained in confidence);
• 57 times under section 21 (subversive or hostile activities);
• 1 times under subparagraph 22(1)(a)(ii) (law enforcement and investigation);
• 12 times under paragraph 22(1)(b) ) (law enforcement and investigation);
• 1 time under subsection 23(a) (security clearances);
• 1 time under subsection 23(b) (security clearances);
• 44 times under section 26 (information about another individual); and
• 4 times under section 27 (solicitor-client privilege).

Exclusions Cited

Exclusions were invoked 2 times:

• 1 time under paragraph 70(1)(c); and
• 1 time under paragraph 70(1)(e).

Format of Information Released

All disclosures were made in hard copy.

Deemed Refusals

Fourteen requests were closed past the statutory deadline for the following reasons:

• 3 because of workload;
• 4 because of external consultations; and
• 7 because of other reasons.    

Number of Days Past Deadline

During the fiscal year, 14 requests went over the deadline:

• 8 within 1 to 15 days;
• 1 within 16 to 30 days;
• 0 within 31 to 60 days;
• 0 within 61 to 120 days;
• 0 within 121 to 180 days;
• 3 within181 to 365 days; and
• 2 in more than 365 days.        

Requests for Translation

No requests for translation were received.

Disclosures Under Subsection 8(2) of the Act

During this fiscal year:

• No disclosures were made pursuant to paragraph 8(2)(e); and
• No disclosures were made pursuant to paragraph 8(2)(m).

Requests for Correction of Personal Information and Notations

The ATIP Section received no requests for correction and no notations were made.

Extensions

During this fiscal year, 28 extensions were taken for the following reasons:

• 19 were taken pursuant to subparagraph 15(1)(a)(i);
• 2 were taken pursuant to subparagraph 15(1)(a)(ii) (section 70 consultation); and
• 7 were taken pursuant to subparagraph 15(1)(a)(ii) (other consultation).

Consultations Received from Other Federal Institutions

During this reporting period:

• 69 consultation requests were received;
• 7 consultation requests were outstanding from the previous reporting period, for a total of 76 consultations;
• 75 consultation requests were closed; and
• 1 consultation request was carried over to next reporting period.

Completion Time for Consultations Received from Other Federal Institutions

During this reporting period:

• 32 were completed within 1 to 15 days;
• 21 were completed within 16 to 30 days;
• 12 were completed within 31 to 60 days;
• 7 were completed within 61 to 120 days;
• 2 were completed within 121 to 180 days;
• 0 were completed within 181 to 365 days; and
• 1 was completed in more than 365 days.       

Consultations Received from Other Organizations

During this reporting period, no consultations were received from other organizations.

Completion Time of Consultations on Cabinet Confidences

During this reporting period, 2 consultations were sent to the Privy Council Office. Both were completed within 15 days.

Costs Related to the Administration of the Privacy Act

During 2012-2013, the ATIP Section incurred an estimated $568,990 in salary costs and $4,305 in goods and services.

Data-matching and Data-sharing Activities

The Service is not in a position to publicly discuss data-matching or data-sharing activities for reasons of national security.

Education and Training

During the 2012-2013 reporting period, the ATIP Section continued to conduct awareness sessions for all new employees. A number of briefing sessions were also given to managers and other specialized groups.
Over the reporting period, 7 briefing sessions were given to 164 participants. The purpose of the sessions was to provide participants with an overview of the Access to Information and Privacy Acts, along with a better understanding of their obligations and the process within CSIS.

New Privacy-related Policies or Procedures Implemented

None to report.

Significant Changes to the Organization, Programs, Operations or Policy

None to report.           

Changes As a Result of Issues Raised by the Office of the Privacy Commissioner (OPC)

None to report.

Privacy Impact Assessments

The TBS Privacy Impact Assessment (PIA) Directive took effect on April 1, 2010. The PIA provides a framework to ensure that privacy is considered throughout the design or re-design of a program or service. The assessments will identify the extent to which proposals comply with all appropriate statutes. Assessments assist managers and decision-makers to avoid or mitigate privacy risks and promote fully informed policy, program and system design choices.
During this review period:                 

• No preliminary PIAs were initiated;
• No preliminary PIAs were completed            ;                      
• No PIA were initiated;                      
• 1 PIA was completed; and
• 1 PIA was forwarded to the OPC.    

Complaints and Investigations

A total of 16 complaints were filed with the OPC in 2012-2013.
During the same time period, 19 complaint investigations were completed. Their disposition is as follows:

• 18 were not well-founded; and
• 1 was discontinued.

A total of 12 complaints remain outstanding.

Federal Court Cases

One application was filed with the Federal Court over the non-disclosure of information.

2012-2013 Statistical Report on the Privacy Act

Name of institution: Canadian Security Intelligence Service

Reporting Period: 01 April 2012 to 31 March 2013

Part 1 – Requests under the Privacy Act

1. Number of requests

	Number of requests
Received during the report period	194
Outstanding for the previous reporting period	37
Total	231
Closed during the reporting period	219
Carried over to the next reporting period	12

Part 2 – Requests closed during the reporting period

2.1 Disposition and closing time

Disposition of requests	Completion time
	1 to15 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	2	1	0	0	0	0	0	3
Disclosed in part	8	14	12	10	0	1	3	48
All exempted	11	22	1	0	0	0	1	35
All excluded	0	0	0	0	0	0	0	0
No records exist	11	33	2	0	0	0	0	46
Request abandoned	70	16	1	0	0	0	0	87
Total	102	86	16	10	0	1	4	219

2.2 Exemptions

Section	Number of requests
18(2)	0
19(1)(a)	4
19(1)(b)	0
19(1)(c)	2
19(1)(d)	2
19(1)(e)	0
19(1)(f)	0
20	0
21	57
22(1)(a)(i)	0
22(1)(a)(ii)	1
22(1)(a)(iii)	0
22(1)(b)	12
22(1)(c)	0
22(2)	0
22.1	0
22.2	0
22.3	0
23(a)	1
23(b)	1
24(a)	0
24(b)	0
25	0
26	44
27	4
28	0

2.3 Exclusions

Section	Number of requests
69(1)(a)	0
69(1)(b)	0
69.1	0
70(1)(a)	0
70(1)(b)	0
70(1)(c)	1
70(1)(d)	0
70(1)(e)	1
70(1)(f)	0
70.1	0

2.4 Format of information released

Disposition	Paper	Electronic	Other formats
All disclosed	2	0	0
Disclosed in part	45	0	0
Total	47	0	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	2	2	3
Disclosed in part	18257	5990	48
All exempted	359	0	35
All excluded	0	0	0
Requests abandoned	82	0	87

2.5.2 Relevant pages processed and disclosed by size of requests

Disposition	Less than100 pages processed		101 to 500 Pages processed		501 to 1000 Pages processed		1001 to 5000 Pages processed		More than 5001 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	3	2	0	0	0	0	0	0	0	0
Disclosed in part	25	671	18	2630	3	615	1	1025	1	1049
All exempted	34	0	1	0	0	0	0	0	0	0
All excluded	0	0	0	0	0	0	0	0	0	0
Abandoned	87	0	0	0	0	0	0	0	0	0
Total	149	673	19	2630	3	615	1	1025	1	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	6	0	44	0	50
All exempted	1	0	0	0	1
All excluded	0	0	0	0	0
Abandoned	0	0	0	0	0
Total	7	0	44	0	51

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline

Number of requests past deadline	Principal Reason
	Workload	External consultation	Internal consultation	Other
14	3	4	0	7

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 and extension was taken	Total
1 to 15 days	0	8	8
16 to 30 days	1	0	1
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	3	3
More than 365 days	0	2	2
Total	1	13	14

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 subsection 8(2)

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

Part 4 - Requests for correction of personal information and notations

	Number
Requests for correction received	0
Requests for correction accepted	0
Requests for correction refused	0
Notations attached	0

Part 5 - Extensions

5.1 Reasons for extensions and dispositions of requests

Disposition of requests where an extension was taken	15(1(a)(i) Interference with operations	15(1)(a)(ii) Consultation		15(b) Translation or conversion
		Section 70	Other
All disclosed	0	0	0	0
Disclosed in part	19	2	6	0
All exempted	0	0	1	0
All excluded	0	0	0	0
No records exist	0	0	0	0
Requests abandoned	0	0	0	0
Total	19	2	7	0

5.2 Length of extensions

Length of extensions	15(a)(i) Interference with operations	15(a)(ii) Consultation		15(b) Translation or conversion
		Section 70	Other
1 to 15 days	0	0	0	0
16 to 30 days	19	2	7	0
Total	19	2	7	0

Part 6 - Consultations received from other institutions and organizations 

6.1 Consultations received from other institutions and organizations

Consultations	Other government institutions	Number of pages to review	Other  organizations	Number of pages to review
Received during the reporting period	69	2045	0	0
Outstanding from the previous reporting period	7	4842	0	0
Total	76	6887	0	0
Closed during the reporting period	75	6880	0	0
Pending at the end of the reporting period	1	7	0	0

6.2 Recommendations and completion time for consultations received from other government 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
Disclose entirely	0	1	0	0	0	0	0	1
Disclose in part	31	18	11	7	2	0	1	70
Exempt entirely	1	2	0	0	0	0	0	3
Exclude entirely	0	0	0	0	0	0	0	0
Consult other institution	0	0	0	0	0	0	0	0
Other	0	0	1	0	0	0	0	1
Total	32	21	12	7	2	0	1	75

6.3 Recommendations and completion time for consultations received from other government institutions.

Recommandation	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
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

Part 7 - Completion time of consultations on Cabinet confidences

Number of days	Number of responses received	Number of responses received past deadline
1 to 15	1	1
16 to 30	0	0
31 to 60	0	0
61 to 120	0	0
121 to 180	0	0
181 to 365	0	0
More than 365 days	0	0
Total	1	1

Part 8- Resources related to the Privacy Act

8.1 Costs

Expenditures	Amount
Salaries	$568,990
Overtime	$0
Goods and Services	$4,305
Contracts for privacy impact assessments	$0
Professional services contracts	$0
Other	$0
Total	$573,295

8.2 Human Resources

Resources	Dedicated full-time	Dedicated part-time	Total
Full-time employees	15.00	0.00	15.00
Part-time employees	0.00	0.00	0.00
Regional staff	0.00	0.00	0.00
Consultant and agency personnel	0.00	0.00	0.00
Students	0.00	0.00	0.00
Total	0.00	0.00	15.00