Annual Report to Parliament on the Privacy Act April 1, 2013 to March 31, 2014

Table of Contents

Introduction 
Our Mandate 
Our Mission 
Privacy Activities 
Appendix A - Statistical Report 
Appendix B – Additional Reporting 
Appendix C - Delegation Order 

INTRODUCTION

The Office of the Correctional Investigator is pleased to submit to Parliament its annual report on the administration of the Privacy Act (PA) for the fiscal year commencing on April 1, 2013 and ending March 31, 2014. This report is submitted in accordance with section 72 of the Act .

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

OUR MANDATE

The Office of the Correctional Investigator is mandated by Part III of the Corrections and Conditional Release Act as an Ombudsman for federal offenders. The primary function of the Office is to investigate and bring resolution to individual offender complaints. The Office as well, has a responsibility to review and make recommendations on the Correctional Service's policies and procedures associated with the areas of individual complaints to ensure that systemic areas of concern are identified and appropriately addressed.

OUR MISSION

As the ombudsman for federally sentenced offenders, the Office of the Correctional Investigator serves Canadians and contributes to safe, lawful and humane corrections through independent oversight of the Correctional Service of Canada by providing accessible, impartial and timely investigation of individual and systemic concerns. While an independent organization, the Office of the Correctional Investigator is part of the Public Safety and Emergency Preparedness portfolio.

PRIVACY ACTIVITIES

The Minister of Public Safety and Emergency Preparedness is the designated head of the institution for the Privacy Act . The Correctional Investigator has been delegated full authority under the Privacy Act by the Minister. Limited authority under the Act has been delegated to the Access to Information and Privacy Coordinator. The delegation of authority to administer the Act was confirmed by the Minister of Public Safety and Emergency Preparedness on January 21, 2014 ( see Appendix C ).

While the responsibilities of ATIP Coordinator are assigned to the Director of Corporate Services and Planning, the actual processing of requests and any associated activities are generally carried out by a consultant.  It is felt that this is the most cost effective utilization of resources and delivery of these activities.

The ATIP Coordinator is accountable for the development, coordination and implementation of effective policies, guidelines, systems and procedures to ensure the OCI ’s responsibilities under the Privacy Act are met and to enable appropriate processing and proper disclosure of information. The Coordinator is also responsible for related policies, systems and procedures emanating from the Act .

The main activities of the ATIP Coordinator include:

• Processing requests under the Act ;
• Developing and maintaining policies, procedures and guidelines to ensure the Act is respected by the OCI ;
• Promoting awareness of the Act to ensure the OCI ’s responsiveness to the obligations imposed on the government;
• Monitoring the OCI ’s compliance with the Act , regulations and relevant procedures and policies;
• Preparing annual reports to Parliament and other statutory reports, as well as other material that may be required by central agencies;
• Representing the OCI in dealings with the Treasury Board Secretariat ( TBS ), the Privacy Commissioner and other government agencies regarding the application of the Act as they relate to the OCI ; and
• Supporting the OCI in meeting its commitments in relation to greater openness and transparency through proactive disclosure of information and the disclosure of information through informal avenues.

During the reporting period sixteen requests were received and there were three outstanding requests from the previous period. There were no significant issues surrounding the requests received. Nine of the requests were disclosed in part and two were abandoned, and seven were carried forward to the next reporting period.

There were no formal training sessions conducted during the reporting period. Continuous advice and recommendations were provided by the consultant on an as required basis to Management and staff.

During the reporting period, the OCI developed and implemented a Policy on access to draft investigative documentation in consultation with the OPC .

The OCI received two Privacy Act complaints during the reporting period. The complaint investigations, lead by the Office of the Privacy Commissioner ( OPC ), determined that additional information was to be provided in one case and confirmation on the status of an OCI lead investigation in another. Both were addressed and closed to the satisfaction of the OPC .

No formal monitoring of the time required to process requests was completed in the reporting period. However, ongoing discussions with the consultant on this matter took place.

There were no material privacy breaches during the reporting period.

There were no Privacy Impact Assessments ( PIA s) completed during this period.

There were no new data sharing activities during the reporting period.

During the reporting period, the OCI made no disclosures of personal information pursuant to subsection 8(2)(m) of the Privacy Act .

For 2013-2014, the costs directly associated with the administration of the Privacy Act are estimated at $29,785.00.

Staff - $6,474.00 
Consultant fees - $23,311.00

The associated employee resources for 2013-2014 are estimated at 0.25 FTE for administering the Privacy Act .

APPENDIX A - Statistical Report

Name of institution: Office of the Correctional Investigator

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

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 - Additional Reporting

Appendix C - Delegation Order

Privacy Act Delegation Order

The Minister of Public Safety and Emergency Preparedness, pursuant to section 73 of the Privacy Act , hereby designates the persons holding the positions set out in the schedule hereto to exercise the powers and perform the duties and functions of the Minister as head of a government institution, that is, the Office of the Correctional Investigator, under the sections of the Act set out in the schedule opposite each position.

Schedule

Position 

Correctional Investigator 
Executive Director and General Counsel 
Access to Information and Privacy Coordinator

Sections of the Privacy Act 

8(2)(j), 8(2)(m), 8(4), 8(5), 9, 10, 14, 15, 17(2), (3), 18(2) 19 to 28 incl., 31, 33(2), 35(1), 35( 4), 36(3), 37(3), 51, 72(1).

Section of the Regulations 

9, 11(2), 11(4), 13(1), 14.

Dated at the City of Ottawa this 21st day of January, 2014

Signed by: 
Steven Blaney, P.C., M.P. 
Minister of Public Safety and Emergency Preparedness

Date modified 
2014-08-05