Annual Report to Parliament 2018-2019 - Privacy Act

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Introduction

The Privacy Act (PA) was proclaimed on July 1, 1983.

The PA extends to individuals the right of access to information about themselves. This law also protects an individual's privacy by preventing others from having access to personal information, and gives individuals substantial control over its collection and use.

This annual report on the administration of the PA describes how the Department for Women and Gender Equality (WAGE), formerly Status of Women Canada (SWC), fulfilled its responsibilities during the fiscal year beginning April 1, 2018, and ending March 31, 2019.

The Minister for Women and Gender Equality and Rural Economic Development, as head of the Department for Women and Gender Equality is required to prepare an annual report on the administration of the Act. This report is prepared and tabled in Parliament in accordance with section 72 of the Privacy Act.

Part I: General information

Department for Women and Gender Equality (formerly Status of Women Canada)

The mandate of the Department for Women and Gender Equality (WAGE), formerly Status of Women Canada (SWC), is to advance equality with respect to sex, sexual orientation, and gender identity or expression through the inclusion of people of all genders, including women, in Canada's economic, social, and political life. This application of a gender and diversity lens will help us to understand better the intersection of sex and gender with other identity factors. These factors include – but are not limited to – race, national and ethnic origin, Indigenous origin or identity, age, sexual orientation, socio-economic condition, place of residence and disability.

The vision of WAGE is a Canada where people of all genders, including women, are equal in every way and can achieve their full potential.

WAGE works to advance gender equality through an intersectional gendered lens. Working in partnership with key stakeholders, including civil society organizations, labour groups, the private sector, other orders of government, and First Nations, Inuit and Métis peoples, WAGE actively promotes the inclusion of all people in Canada's economic, social, and political life. WAGE works to uphold its mandate to advance gender equality by performing a central coordination function within the Government of Canada by developing and implementing policies, providing grants and contributions, delivering programs, investing in research, and providing advice to achieve equality for people of all genders, including women.

The Access to Information and Privacy (ATIP) office reports to the Director General, Communications and Public Affairs Directorate. The ATIP office coordinates all activities related to the Privacy Act within the Department both at headquarters and in the regions.

Privacy activities

The ATIP Coordinator for the Department for Women and Gender Equality (WAGE) acts on behalf of the Minister for Women and Gender Equality and Rural Economic Development and as the Head of the Department for Women and Gender Equality to ensure that the Department's responsibilities under the Access to Information Act and the Privacy Act are met. The ATIP Coordinator reports directly to the Director General, Communications and Public Affairs Directorate.

The main activities of the Department's ATIP Office consist of:

Processing of access to information and privacy requests is centralized within the ATIP Office in Gatineau, Quebec. In 2018-2019, the Department's ATIP Office employed a total of two (2) full-time equivalents (FTEs).

Implementation of privacy activities and administrative issues

Delegation order

Head of the Status of Women Canada, currently the Deputy Minister of Women and Gender Equality, has full authority, while the ATIP Coordinator has partial authority delegated by the Minister of Status of Women, currently Minister for Women and Gender Equality and Rural Economic Development for administration and decision-making responsibilities under the two Acts. Appendix A provides a more detailed description of the delegation of authority.

Salary and administrative expenditures

The Access to Information and Privacy Office has been operating with two (2) full-time employees dedicated to the administration of both the Access to Information Act and the Privacy Act and related functions.

The Department's allocation for the central coordination of the Privacy Act amounts to $5,620.00 in salary expenditures.

Reading room

A reading room is available at the Department's headquarters, as needed. Should a reading room be needed elsewhere, the Department's regional offices in certain regions across Canada are available upon request.

Data collection

The responsibility for the coordination of new data collection by the Department is assigned to the ATIP Coordinator. This ensures both compliance with the Access to Information Act and the Privacy Act and the creation of new Personal Information Banks or Program Records, as necessary.

Appendix A

Delegation order

The responsibilities associated with the administration of the Privacy Act are delegated to departmental officials through a delegation order signed by the Minister of Status of Women, currently Minister for Women and Gender Equality.

Minister for Women and Gender Equality

Delegation of Powers, Duties and Functions Pursuant of Section 73 of the Privacy Act
Section of the Act Powers, Duties and Functions Head, Minister for Women and Gender Equality ATIP Coordinator
8(2)(j) Disclose personal information for research purposes X X
8(2)(m) Disclose personal information in the public interest or in the interest of the individual X
8(4) Retain copy of 8(2)(e) requests and disclosed records X X
8(5) Notify Privacy Commissioner of 8(2)(m) disclosures X X
9(1) Retain record of use X X
9(4) Notify Privacy Commissioner of consistent use and amend index X X
10 Include personal information in personal information banks 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
17(2)(b) Decide whether to translate requested information X X
18(2) May refuse to disclose information contained in an exempt bank X X
19(1) Shall refuse to disclose information obtained in confidence from 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 injurious to the conduct of federal-provincial affairs X X
21 May refuse to disclose information injurious to international affairs or defence 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
23 May refuse to disclose information prepared by an investigative body for security clearances 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
25 May refuse to disclose information which could threaten the safety of individuals X
26 May refuse to disclose information about another individual, and refuse to disclose such information where disclosure is prohibited under Section 8 X
27 May refuse to disclose information subject to solicitor-client privilege X
28 May refuse to disclose information relating to the individual’s physical or mental health where disclosure is contrary to the best interests of the individual X X
31 Receive notice of investigation by the Privacy Commissioner X X
33(2) Right to make representations to the Privacy Commissioner during investigation X
35(1) Receive Privacy Commissioner’s report of findings of the investigation and give notice of action taken X
35(4) Give complainant access to information after 35(1)(b) notice X X
36(3) Receive Privacy Commissioner’s report of findings of investigation of exempt bank 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
51(3) Request and be given right to make representations in Section 51 hearings X
72(1) Prepare annual report to Parliament X X
77 Responsibilities conferred on the head of the institution by the regulations made under section 77 which are not included above X X

Part II: Report on the Privacy Act

Requests under the Privacy Act

1. Statistical report

The annual statistical report for the fiscal year 2018-2019 is included at the end of this chapter. An additional table is included to report on two (2) new exemptions in accordance with a new policy from Treasury Board Secretariat of Canada. The new exemptions report on the number of requests processed by the Department during the fiscal year 2018-2019 which would have applied the following sections: 22.4 (National Security and Intelligence Committee) and 27.1 (Patent or Trademark privilege).

2. Interpretation of the statistics

Between April 1, 2018 and March 31, 2019, the Department for Women and Gender Equality (formerly Status of Women Canada) did not receive any privacy request.

3. Privacy impact assessment

The Privacy Impact Assessment (PIA) Policy came into effect on May 2, 2002. Its objective is to assure Canadians that privacy principles are being taken into account during the design, implementation and evaluation of the programs and services that involve personal information. The policy requires that the programs and services with potential privacy risks undergo a PIA. Preliminary Privacy Impact Assessments (PPIAs) are conducted to determine whether there are privacy-related concerns warranting a full PIA.

During the 2018-2019 reporting period, there was one PIA initiated.

4. Privacy education and training activities

There were four (4) formal training activities provided during the reporting period, and twenty one (21) requests for advice and guidance were provided during the fiscal year to internal and/or external clients.

5. Disclosures pursuant to subsection 8(2)(m)

There were no disclosures made under 8(2)(m) during this time period.

6. Complaints and investigations

Applicants have the right to register a complaint with the Office of the Privacy Commissioner (OPC) regarding any matter relating to the processing of their requests.

The Department for Women and Gender Equality (formerly Status of Women Canada) received two (2) complaints on the same request during fiscal year 2018-2019. The two complaints are regarding "retention and use and disclosure". These are still under investigation and will be reported in the year the OPC provides their letter of finding to the Department.

7. Appeals to the courts

There were no appeals filed to the courts between April 1, 2018 and March 31, 2019.

8. Time monitoring

A status report of all outstanding requests is prepared on a weekly basis for review and oversight by the Director General, Communications and Public Affairs Directorate.

9. Privacy breaches

There was one (1) privacy breach that occurred during the fiscal year. The report was provided to the Office of the Privacy Commissioner and Treasury Board Secretariat of Canada.

10. New additional exemptions

The Department had no requests which identified any of the new additional exemptions under the Privacy Act for 2018-2019.

Privacy Act
Section Number of requests
22.4 National Security and Intelligence Committee 0
27.1 Patent or Trademark privilege 0

Statistical report on the Privacy Act

Name of institution: Dept for Women and Gender Equality (formerly SWC)

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

Part 1: Requests under the Privacy Act

Number of Requests
Received during reporting period 0
Outstanding from previous reporting period 0
Total 0
Closed during reporting period 0
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
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
No records exist 0 0 0 0 0 0 0 0
Abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0
2.2 Exemptions
Section Number or Request Section Number or Request Section Number or Request
18(2) 0 22(1)(a)(i) 0 23(a) 0
19(1)a) 0 22(1)(a)(ii) 0 23 (b) 0
19(1)(b) 0 22(1)(a)(iii) 0 24(a) 0
19(1)(c) 0 22(1)(b) 0 24(b) 0
19(1)(d) 0 22(1)(c) 0 25 0
19(1)(e) 0 22(2) 0 26 0
19(1)(f) 0 22.1 0 27 0
20 0 22.2 0 28 0
21 0 22.3 0

 

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

 

2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 0 0 0
Disclosed in part 0 0 0
Total 0 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 0 0 0
Disclosed in part 0 0 0
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
Total 0 0 0

 

2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less than 100 pages processed 101-500 pages processed 501-1000 pages processed 1001-5000 pages processed More than 5000 pages processed
Number of requests Pages disclosed Number of requests Pages disclosed Number of requests Pages disclosed Number of requests Pages disclosed Number of requests Pages disclosed
All disclosed 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
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 0 0 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
Abondoned 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
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 days past deadline where no extension was taken Number of days past deadline where an extension was taken Total
1 to 15 days 0 0 0
16 to 60 days 0 0 0
31 to 30 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)

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
Section 70 Other
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
Article 70 Other
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
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
Disclosed entirely 0 0 0 0 0 0 0 0
Disclosed 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
6.3 Recommendations and completion time for consultations received from other organizations
Recommendations 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

7.1 Requests with Legal Services
Number of days Less than 100 pages processed 100-500 pages processed 501-1,000 pages processed 1,001-5,000 pages processed More than 5,000 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 days 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 Less than 100 pages processed 100-500 pages processed 501-1,000 pages processed 1,001-5,000 pages processed More than 5,000 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 days 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
2 0 0 0 2

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 $5,620.00
Overtime $0.00
Goods and Services $0.00
  • Professional services contracts
$0.00
  • Other
$0.00
Total $5,620.00
10.2 Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.25
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.25

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